MATTER OF OSHMAN, HELFENSTEIN & MATZA v. MATZA


243 A.D.2d 398 (1997)

663 N.Y.S.2d 194

In the Matter of Oshman, Helfenstein & Matza et al., Appellants, v. Morris E. Matza, Respondent

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

October 28, 1997


There is no dispute that petitioners Theodore Oshman, Matthew Oshman, Hugh J. Helfenstein and respondent entered into a valid partnership agreement on December 22, 1992, providing that all disputes regarding the agreement were to be resolved by arbitration. While there are factual issues as to whether this agreement was subsequently cancelled by mutual oral agreement and a new partnership agreement entered into excluding an arbitration provision, such issues are properly...

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