Legal Opinion

In re the Arbitration between Finkelstein & Harris

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

Decided October 23, 1962PublishedCited by 11 opinions

1Opinion of the CourtEager, J.

This is an appeal from an order which, on motion pursuant to section 1458-a of the Civil Practice Act, stayed arbitration upon the ground that the claim sought to be arbitrated was barred by the Statute of Limitations.

The appellants, on March 15, 1961, served a demand for arbitration of a claim for a balance allegedly owing on contract and for extras in connection with the construction by them of a residence for the respondent. The claim had accrued in June, 1954, and it appears that, in November, 1954, they had commenced an action in Supreme Court, Westchester County, to recover a judgment…

2Cases cited11 opinions

  1. Shapley v. . AbbottNew York Court of Appeals · 1870
  2. Scheuer v. ScheuerNew York Court of Appeals · 1955
  3. Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
  4. Martin v. PotashnickSupreme Court of Missouri · 1949
  5. Pennsylvania Co. v. GoodIndiana Court of Appeals · 1913

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3Cited by11 opinions

  1. Gold Coast Mall, Inc. v. Larmar Corp.Court of Appeals of Maryland · 1983
  2. Seligson v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1975
  3. Leigh v. McGuireDistrict Court, S.D. New York · 1981
  4. Baird, Patrick & Co. v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1997
  5. Matter of New York City Tr. Auth. v. PowellAppellate Division of the Supreme Court of the State of New York · 2015

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