Legal Opinion

Hackett v. Milbank, Tweed, Hadley & McCloy

New York Court of Appeals

Decided July 7, 1992PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The Appellate Division order insofar as appealed from should be reversed, with costs, and the petition to stay arbitration denied.

This controversy over petitioner’s right to receive supplemental payments upon his withdrawal from respondent law firm should be decided in these circumstances by an arbitrator in the first instance. That is especially so given the broad arbitration clause in the parties’ partnership agreement and the existence of factual disputes between the parties, including which amendment of the agreement applies and whether the supplemental…

2Cases cited2 opinions

  1. Port Washington Union Free School District v. Port Washington Teachers Ass'nNew York Court of Appeals · 1978
  2. Maross Construction, Inc. v. Central New York Regional Transportation AuthorityNew York Court of Appeals · 1985

3Cited by9 opinions

  1. Hackett v. Milbank, Tweed, Hadley & McCloyNew York Court of Appeals · 1995
  2. Weiss v. Carpenter, Bennett & MorrisseySupreme Court of New Jersey · 1996
  3. In Re the Arbitration Between Professional, Clerical, Technical Employees Ass'n & Buffalo Board of EducationNew York Court of Appeals · 1997
  4. Heher v. Smith, Stratton, Wise, Heher and BrennanSupreme Court of New Jersey · 1996
  5. Board of Education v. Christa Construction, Inc.New York Court of Appeals · 1993

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