Legal Opinion
Cybex International, Inc. v. Fuqua Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 6, 1998PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 15, 1997, which denied petitioner’s application for a stay of arbitration, unanimously affirmed, with costs.
We assume, contrary to the holding of the motion court, that *317petitioner did not waive its right to seek a stay of arbitration, noting that its participation in arbitral discovery and in the selection of an arbitrator were done before it had received detailed specification of respondent’s claims, and that once it did, it made timely attempts, including a motion before this Court, to stay the arbitration (see,…
2Cases cited6 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Singer v. Jefferies & Co.New York Court of Appeals · 1991
- Commerce & Industry Insurance v. NesterNew York Court of Appeals · 1997
- In Re the Arbitration Between Melun Industries, Inc.District Court, S.D. New York · 1990
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3Cited by3 opinions
- Arc Electrical & Mechanical Contractors Corp. v. Invensys Building Systems Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Matter of ROM Reins. Mgt. Co., Inc. v. Continental Ins. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of U.S. Specialty Ins. Co. v. NavarroAppellate Division of the Supreme Court of the State of New York · 2019