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MATTER OF ZITNER

286 A.D. 1020 (1955)

In the Matter of the Arbitration between Ethel Zitner, as Administratrix of The Estate of Max Zitner, Deceased, Respondent, and William Karpman et al., Appellants

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

October 10, 1955.

Order affirmed, with $10 costs and disbursements.

The pertinent provisions as to arbitration of the controversy involved, are contained in subdivisions (c) and (d) of paragraph 11 of a stockholders' agreement. Subdivision (c) of that paragraph provides that each party shall appoint an arbitrator, and that the two persons so appointed shall appoint a third arbitrator. No provision is made, in such a case, for any alternative method of appointment, if the two arbitrators...

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