Legal Opinion

In re the Arbitration between Horowitz Bros. & Margareten & Misher

New York Supreme Court

Decided November 29, 1961Published

1Opinion of the CourtHenry J. Latham, J.

This is a motion to compel the respondents to proceed to arbitration, pursuant to the terms of several written contracts entered into between the parties and for the appointment of an arbitrator.

The petitioner alleges that there are several similar valid written contracts between it and each of the respondents, all of which provide in pertinent part as follows: “the parties hereto agree that at the option of the Manufacturer, to be exercised only in the event of a substantial change in relative sales volume of the respective allocated territories, the parties hereto will enter into…

2Cases cited5 opinions

  1. Mtr. of River Brand Rice Mills v. Latrobe Brew. Co.New York Court of Appeals · 1953
  2. S. A. Wenger & Co. v. Propper Silk Hosiery Mills, Inc.New York Court of Appeals · 1924
  3. Klein Coat Corp. v. PeretzNew York Supreme Court · 1956
  4. In re the Arbitration between P. J. Carlin Construction Co.Appellate Division of the Supreme Court of the State of New York · 1952
  5. In re the Arbitration of Certain Differences between Bernstein & AbramsNew York Supreme Court · 1941

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