Legal Opinion
Schafran & Finkel, Inc. v. M. Lowenstein & Sons, Inc.
New York Court of Appeals
Decided March 7, 1939PublishedCited by 17 opinions
1Opinion of the Court
Crane, Ch. J.
This appeal presents a drastic rule, if it be legal, relating to arbitration. One who has never made a contract to arbitrate, upon receiving an informal letter directing him to arbitrate a purchase of goods which he never made, may be mulcted in damages by an award unless, within ten days after receiving such notice, he applies to the court for an injunction or a stay. Should the notice have been misunderstood or too vague and indefinite or, if through a mistake or unavoidable lapse of time, a party cannot or does not reach a judge within the ten days, there is absolutely no…
2Cases cited1 opinion
- Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
3Cited by17 opinions
- Crawford v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1974
- Matter of Hesslein Co. v. GreenfieldNew York Court of Appeals · 1939
- Glasser v. PriceAppellate Division of the Supreme Court of the State of New York · 1970
- In re the Arbitration between New York Central Railroad & Erie RailroadNew York Supreme Court · 1961
- Worsham v. GreifenbergerSupreme Court of Connecticut · 1997
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