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MATTER OF CAPITAL ENTERPRISES CO. v. DWORMAN

4379N. 653961/16.

151 A.D.3d 642 (2017)

2017 NY Slip Op 05192

54 N.Y.S.3d 577

In the Matter of CAPITAL ENTERPRISES CO., Appellant, v. ALVIN DWORMAN, Respondent.

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

Decided June 27, 2017.

Since the alleged oral agreement to sell or transfer partnership assets attempts to modify several substantive provisions of petitioner's partnership agreement concerning the distribution of partnership assets, the broad arbitration provision of the partnership agreement controls the parties' dispute (see Matter of Helmsley [Wien], 173 A.D.2d 280 [1st Dept 1991]). The merits of the claims...

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