In Re the Arbitration Between Weinrott & Carp
New York Court of Appeals
1Opinion of the CourtWachtler, J.
This is the second time this case has been before this court in a long and tortuous journey which started over five years ago. It first appeared in 1967, when appellants sought to stay arbitration proceedings on the ground that the contract containing the arbitration clause was induced by fraud. In affirming the denial of a stay we impliedly adhered to the 1957 decision of Matter of Wrap-Vertiser Corp. (Plotnick) (3 N Y 2d 17) which held that fraud in the inducement of a contract was an issue for the court and not the arbitrators. The reason for our denial of the stay was that the evidence…
2Cases cited19 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Amicizia Societa Navegazione v. Chilean Nitrate and Iodine Sales CorporationCourt of Appeals for the Second Circuit · 1960
- Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
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3Cited by188 opinions
- Norris v. CooperNew York Court of Appeals · 1984
- Maxcess, Inc. v. Lucent Technologies, Inc.Court of Appeals for the Eleventh Circuit · 2005
- Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
- 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
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