MATTER OF FITZGERALD


228 A.D.2d 591 (1996)

645 N.Y.S.2d 36

In the Matter of Cantor Fitzgerald, L. P., Respondent. Kenneth I. Ginsberg, Appellant

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

June 17, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

Because the primary issue before the Supreme Court was whether the original limited partnership agreement, which contained a broad arbitration clause, had been superseded by a restated agreement which deleted that clause, the court properly found that a determination of that issue should be made by the court, and not an arbitrator (see, Matter of Cassone, 63 N.Y.2d 756...

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