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MATTER OF LAMOTTE v. BEITER

34 A.D.3d 356 (2006)

826 N.Y.S.2d 6

In the Matter of NIKLAS LAMOTTE et al., Appellants, v. JEFFREY F. BEITER, as Executor of JOHN BEITER, Deceased, Respondent.

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

Decided November 21, 2006.

The petition to stay arbitration was properly denied. Contrary to petitioners' contentions, no language in the parties' agreement expressly made the procedures for the valuation of the holdings of the decedent's estate conditions precedent to arbitration (see Matter of United Nations Dev. Corp. v Norkin Plumbing Co., 45 N.Y.2d 358, 364 [1978]). Nor did the valuation provision by its own terms remove every issue relating to the valuation...

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