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MATTER OF OUTBACK STEAKHOUSE, INC. v. CONTRACTING MANAGEMENT, INC.

2009-07051.

77 A.D.3d 757 (2010)

908 N.Y.S.2d 602

In the Matter of OUTBACK STEAKHOUSE, INC., Respondent, v. CONTRACTING MANAGEMENT, INC., Appellant.

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

Decided October 12, 2010.

Ordered that the order and judgment is reversed, on the law and the facts, with costs, the petition is denied, the cross motion to compel arbitration is granted, and the parties are directed to proceed to arbitration before a different arbitrator.

In this Court's decision and order on a prior appeal between these parties, we vacated not only the arbitration award as modified, but also the original award "on the ground that...

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