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STAINLESS METALS, INC. v. F. H. McGRAW & CO.

283 A.D. 1119 (1954)

Stainless Metals, Inc., Appellant, v. F. H. McGraw & Company, Respondent

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

June 28, 1954.

Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs, and the second cause of action severed.

Timely delivery and the price of the tank are admitted. Failure to resort to arbitration is not a defense. (Civ. Prac. Act, § 1451; American Reserve Ins. Co. v. China Ins. Co., 297 N.Y. 322, 326.) There is no factual allegation in the answer or in opposition to the motion which serves to create any triable issue that...

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