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MATTER OF LEPERCQ DENEUFLIZE & CO., INC.

198 A.D.2d 147 (1993)

603 N.Y.S.2d 332

In the Matter of the Arbitration between Lepercq Deneuflize & Co., Inc., et al., Respondents, and Helmsley Enterprises, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 1993

Article XIII of the parties' limited partnership agreement provides for arbitration of all disputes and that the successful party recover the expenses of arbitration. This provision does not specifically exclude the recovery of attorneys' fees and thus the arbitrators were free to interpret the agreement to allow for such recovery (see, Habitations Ltd. v BKL Realty Sales Corp., 169 A.D.2d 657). The fact that the arbitration...

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