On this record it would seem that a triable issue is presented as to the existence of a written contract calling for arbitration between the parties and, if such contract be found to exist, whether notice for arbitration was properly given to the buyer. Meanwhile, the motion to confirm the award may be held in abeyance until after trial of these issues.
Judgment and order unanimously reversed, with $20 costs and disbursements to the appellant, and a trial of the issue...
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