Legal Opinion

In Re Arbitration Between S. M. Wolff Co. & Tulkoff

New York Court of Appeals

Decided March 30, 1961PublishedCited by 10 opinions

1Opinion of the CourtFuld, J.

The novel question presented by this appeal is whether section 1451 of the Civil Practice Act authorizes a stay of proceedings brought in violation of an arbitration contract, where such proceedings are pending, outside of New York State, before an administrative agency of the Federal Grovernment.

The petitioner, Wolff Company, Inc. (a corporation), just as its predecessor, Wolff Company (a partnership), is a broker or agent dealing in perishable agricultural commodities, while the respondent, Tulkoff’s Horse Radish Products Co., is a dealer in perishable agricultural commodities. The…

2Cases cited11 opinions

  1. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  2. Donahue v. Susquehanna Collieries Co.Court of Appeals for the Third Circuit · 1943
  3. Garvin v. GarvinNew York Court of Appeals · 1951
  4. In Re the Arbitration Between Albrecht Chemical Co. & Anderson Trading Corp.New York Court of Appeals · 1949
  5. In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954

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3Cited by10 opinions

  1. Hamilton Life Insurance Company of New York v. Republic National Life Insurance CompanyCourt of Appeals for the Second Circuit · 1969
  2. In Re the Arbitration of Controversies Between Necchi Sewing MacHine Sales Corp. & CarlDistrict Court, S.D. New York · 1966
  3. A & S Distributing Co. v. Providence Pile Fabric Corp.Court of Appeals of Texas · 1977
  4. County of Suffolk v. NovoAppellate Division of the Supreme Court of the State of New York · 1983
  5. Curtis, Mallet-Prevost, Colt & Mosle, LLP v. Garza-MoralesAppellate Division of the Supreme Court of the State of New York · 2003

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