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IN THE MATTER OF MERRILL LYNCH & CO., INC.

5 A.D.3d 1010 (2004)

773 N.Y.S.2d 318

In the Matter of the Arbitration Between MERRILL LYNCH & CO., INC., Respondent, and JGB ENTERPRISES, INC., et al., Appellants.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs, counsel fees are awarded on appeal, and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: We affirm for reasons stated at Supreme Court. In addition, we grant petitioner's request for counsel fees on this appeal, and we remit the matter to Supreme Court for a hearing to determine the amount...

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