Legal Opinion
Stellmack Air Conditioning & Refrigeration Corp. v. Contractors Management Systems of NH, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2002PublishedCited by 3 opinions
1Opinion of the Court
Peters, J.P.
Appeal from an order of the Supreme Court (Rumsey, J.), entered June 29, 2001 in Broome County, which, inter alia, granted defendant’s motion to stay the action pending submission of the dispute to arbitration.
In October 1998, plaintiff, a New York corporation, ordered a computer software program from defendant, a New Hampshire corporation, for commercial use. After receiving training on the use of the program, plaintiff consummated its purchase in January 1999 by executing a licensing agreement. As here relevant, the agreement included the following limited liability provision:…
2Cases cited7 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Norris v. CooperNew York Court of Appeals · 1984
- In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
- Singer v. Jefferies & Co.New York Court of Appeals · 1991
- Information Sciences, Inc. v. Mohawk Data Science Corp.New York Court of Appeals · 1978
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3Cited by3 opinions
- Riverside Capital Advisors, Inc. v. Winchester Global Trust Co.Appellate Division of the Supreme Court of the State of New York · 2005
- O'Neill v. Krebs Communications Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Zafar v. Fast Track Leasing, LLCAppellate Division of the Supreme Court of the State of New York · 2018