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In re the Arbitration between General Fuse Co. & Sightmaster Corp.

2 A.D.2d 695 Court N.Y. App. Div. Decision date 1956-06-18 English

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p. 695
In the Matter of the Arbitration between General Fuse Company, Respondent, and Sightmaster Corp., Appellant. Sightmaster Corp., Plaintiff, v. Nelson O. Burt et al., Defendants.

Appeal from an order on reargument insofar as said order directs appellant to proceed to arbitration, stays appellant from proceeding with an action against respondent and another to recover damages for fraud, and directs that the issue as to the damages allegedly sustained by appellant be determined by the arbitrators in the arbitration proceeding. Appellant contended that there should be a preliminary trial of the issue of fraud. Order, insofar as appeal is taken, affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ., concur.