Legal Opinion
First Montauk Securities Corp. v. Chiulli
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1997PublishedCited by 3 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the appeal is from an order of the Supreme Court, Nassau County (Lockman, J.), entered November 20, 1996, which granted the application.
Ordered that the order is affirmed, with costs.
“Preemptive judicial intervention in the arbitration process is warranted where the arbitrator [can] not grant any relief without violating public policy” (Matter of Imperial House [Local 32B-32J], 154 AD2d 534, 535). The decisional law clearly indicates that a discharged debtor cannot pursue a claim which it failed to disclose in its…
2Cases cited3 opinions
- Dynamics Corp. of America v. Marine Midland Bank-New YorkNew York Court of Appeals · 1987
- Robinson v. J.A. Wiertel ConstructionAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Arbitration between Imperial HouseAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- 123 Cutting Co. v. Topcove Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Tri-State Sol-Aire Corp. v. Martin Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Nisselson v. StephensAppellate Division of the Supreme Court of the State of New York · 2000