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KINCAR FRANCHISE INC. v. ESTATE OF CAREY

118 N.J. Super. 463 (1972)

288 A.2d 317

KINCAR FRANCHISE INC., A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF, v. ESTATE OF THE LATE HAROLD CAREY, JACOB COHEN AND LOUIS DREZIN, EXECUTORS OF THE ESTATE OF THE LATE HAROLD CAREY, MILDRED CAREY, CAREY CHEVROLET, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND CAREY SYSTEMS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 28, 1972.

Attorney(s) appearing for the Case

Mr. S.M. Chris Franzblau and Mr. Gary L. Falkin appeared for plaintiff (Messrs. Beckerman, Franzblau and Cohen, attorneys).

Mr. Edward J. Abromson, appeared for defendant Mildred Carey (Messrs. Abromson & Cummis, attorneys).

MILMED, J.S.C.

Cross-motions are before the court in this action, one by defendant Mildred Carey seeking to enjoin plaintiff from proceeding with arbitration of the dispute which is the subject of the litigation, and the other by plaintiff seeking to stay this action pending completion of the arbitration proceedings.

The facts are not in dispute. By its complaint filed May 7, 1971 plaintiff Kincar Franchise Inc., a New York corporation, successor to Kinney...

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