Legal Opinion
In re Schwartz
New York Supreme Court
Decided December 15, 1925PublishedCited by 3 opinions
1Opinion of the CourtGavegan, J.
The Legislature has declared an arbitration proceeding to be a special proceeding. (Arbitration Law, § 6-a [as added by Laws of 1923, chap. 341]; Matter of Interocean Mercantile Corporation, 207 App, Div. 164.)
Though a commission may issue for the purpose of obtaining depositions of witnesses to be used before the arbitrators, this does not necessarily imply that the statutory provisions relating to taking the deposition of a party before trial are applicable to arbitration proceedings. The general rule is that an examination before trial will be allowed only as to matters in reference to…
2Cases cited4 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- In re the Interocean Mercantile Corp.Appellate Division of the Supreme Court of the State of New York · 1923
- C. Itoh & Co. v. Boyer Oil Co.Appellate Division of the Supreme Court of the State of New York · 1921
- In re Division 132 of the Amalgamated Ass'n of Street & Electric Railway EmployeesAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by3 opinions
- Floors, Inc. v. B. G. Danis of New England, Inc.Massachusetts Supreme Judicial Court · 1980
- In re the Arbitration between Commercial Solvents Corp. & Louisiana Liquid Fertilizer Co.District Court, S.D. New York · 1957
- In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & McCabeAppellate Division of the Supreme Court of the State of New York · 1963