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MATTER OF LAFAYETTE WORSTED (FASHION ART MILLS)

281 A.D. 259 (1953)

In the Matter of the Arbitration between Lafayette Worsted Spinning Co., Appellant, and Fashion Art Knitting Mills, Respondent

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

February 24, 1953.

Attorney(s) appearing for the Case

Richard S. Baxter (Duer, Strong & Whitehead, attorneys), for appellant.

Harold Korzenik of counsel (Bernard S. Brickman, attorney), for respondent.

In second appeal: DORE, J. P., COHN and CALLAHAN, JJ., concur with VAN VOORHIS, J.; BREITEL, J., dissents and votes to affirm on the ground that the court properly is without power to require that the issues should be determined by the same arbitrators.

VAN VOORHIS, J.

This controversy arises from a contract of sale of 5,000 pounds of yarn, of a quality more specifically described in the contract. A small quantity of this yarn was shipped, but its quality was questioned by the purchaser. The dispute was submitted to arbitration pursuant to a clause in the contract. The award contains the following directions:

"Fashion Art Knitting Mills shall pay to...

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