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MATTER OF STASIO

21 N.Y.2d 665 (1967)

In the Matter of the Arbitration between Joseph Di Stasio, Appellant, and Gabriel S. Avallone et al., Respondents.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Harry Litwin for appellant.

Sidney Schwamm and Morton S. Heller for Frederick W. Degenhardt, respondent.

No appearance for Gabriel S. Avallone, respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING. Judges BURKE and BREITEL dissent and vote to affirm on the opinions at Special Term and the Appellate Division.

Order modified on the dissenting opinion at the Appellate Division, with costs in all courts, and matter remitted to Special Term for further proceedings in accordance therewith...

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