Legal Opinion

In re the Arbitration between Guarini & Severini

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

Decided November 19, 1996PublishedCited by 4 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about March 13, 1996, which granted petitioner’s application pursuant to CPLR 7502 (c) for a preliminary injunction, and directed petitioner to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

The IAS Court properly refused to consider the merits of petitioner’s admittedly arbitrable claims, as it would on a motion for a preliminary injunction under CPLR article 63, correctly noting that under CPLR 7502 (c), the only consideration in deciding whether to grant a preliminary…

2Cases cited3 opinions

  1. In re the Arbitration between Denihan & DenihanAppellate Division of the Supreme Court of the State of New York · 1986
  2. In Re the Arbitration Between Denihan & DenihanNew York Court of Appeals · 1987
  3. National Telecommunications Ass'n v. National Communications Ass'nAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by4 opinions

  1. Sg Cowen Securities Corporation v. Robert W. MessihCourt of Appeals for the Second Circuit · 2000
  2. Hoffman v. Finger Lakes Instrumentation, LLCNew York Supreme Court · 2005
  3. International Union of Operating Engineers v. City of Niagara FallsNew York Supreme Court · 2002
  4. Wagner Acquisition Corp. v. GioveAppellate Division of the Supreme Court of the State of New York · 1998

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