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SANDS BROTHERS & CO., LTD. v. GENEREX PHARMACEUTICALS, INC.

298 A.D.2d 307 (2002)

749 N.Y.S.2d 17

SANDS BROTHERS & CO., LTD., Appellant-Respondent, v. GENEREX PHARMACEUTICALS, INC., et al., Respondents-Appellants.

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

Decided October 29, 2002.

In issuing the subject arbitration award, the panel failed to comply with this Court's directive regarding consideration of the third paragraph of section E of the parties' agreement (see Sands Bros. & Co. v Generex Pharms., 279 A.D.2d 377) when it awarded stock warrants without first finding, based upon competent proof, that all that remained open for the parties to negotiate were boilerplate provisions established by custom...

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