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Agress v. Turkmenilli

303 N.Y. 797 Court N.Y. Decision date 1952-01-17 English

Contents

Majority

p. 797
Leo Agress et al., Copartners Doing Business under the Name of Agress Nut & Seed Co., Respondents, v. Omer C. Turkmenilli, Appellant. Joseph A. Zaloom et al., Copartners Doing Business under the Name of Joseph A. Zaloom & Company, Respondents, v. Omer C. Turkmenilli, Appellant.
Argued December 6, 1951;
decided January 17, 1952.
p. 799
Arthur Karger and Rudolph L. Cherurg for appellant.
Albert Adams for respondents.

In each proceeding .* Order affirmed, with costs; no opinion.

Concur: Lewis, Conway, Desmond, Dye and Froessel, JJ. Loughran, Ch. J., and Fuld, J., dissent on the ground that plaintiffs waived their rights under the arbitration clause in prosecuting their action against the defendant as they did.