Legal Opinion

In re the Arbitration between Gale & Hilts

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1941PublishedCited by 5 opinions

1Opinion of the Court

Peb Cubiam.

There was no reasonable excuse for defendant’s willful default in opposing the motion to confirm the award of the arbitrators. The claim of duress was entirely without substance. On the merits no defense was established which justified vacating the award. All of the matters sought to be raised on this application were passed on by the arbitrators and were within the terms of the submission. Assuming that there might be a question of law as to the propriety of confirming an arbitrators’ award where there was patent illegality in the contract arbitrated, such a situation is not…

2Cases cited2 opinions

  1. In re the Arbitration between Gale & HiltsNew York Supreme Court · 1941
  2. Diehl v. BeckerAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by5 opinions

  1. Durst v. AbrashAppellate Division of the Supreme Court of the State of New York · 1964
  2. Romnes v. Bache & Co., Inc.District Court, W.D. Wisconsin · 1977
  3. In re the Arbitration between Goodman & LazrusAppellate Division of the Supreme Court of the State of New York · 1961
  4. Durst v. AbrashAppellate Division of the Supreme Court of the State of New York · 1964
  5. In re the Arbitration between Mencher & B. Geller & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1950

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