Legal Opinion

In re the Arbitration between Raphael & Silberberg

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

Decided February 14, 1949PublishedCited by 13 opinions

1Opinion of the CourtDore, J.

Petitioner, a shirt manufacturer, buyer of shirting material from respondents, doing business as Eagle Converting Company, sellers, under a contract providing that any controversy in relation thereto shall be settled by arbitration, appeals from order of Special Term denying the buyer’s application to compel arbitration.

The contract contained the following provisions: ‘ ‘ All claims must be made within 10 days. No claims allowed after goods are cut.”

The buyer alleges that after the shirts had been made and sold to retailers, shirts were returned to petitioner because the material, after…

2Cases cited4 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
  3. S. A. Wenger & Co. v. Propper Silk Hosiery Mills, Inc.New York Court of Appeals · 1924
  4. In re the Arbitration between Tuttman & Kattan, Talamas Export Corp.Appellate Division of the Supreme Court of the State of New York · 1948

3Cited by13 opinions

  1. Reconstruction Finance Corp. v. Harrisons & Crosfield, LimitedCourt of Appeals for the Second Circuit · 1953
  2. In re the Arbitration between Central School District No. 2 & Livingston Manor Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1974
  3. Napa Ass'n of Public Employees v. County of NapaCalifornia Court of Appeal · 1979
  4. Board of Education v. Luna Electric Co.Appellate Division of the Supreme Court of the State of New York · 1972
  5. In re the Arbitration between Unsinn & Republique FrancaiseAppellate Division of the Supreme Court of the State of New York · 1953

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