Legal Opinion

In re the Arbitration between Carbone/Orrino Agency, Inc. & Carbone

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

Decided December 5, 1994PublishedCited by 4 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from an order of the Supreme Court, Suffolk County (Henry, J.), dated *222May 24, 1993, which, inter alia, denied the appellants’ motion for a stay and granted the respondent’s cross motion to dismiss the proceeding and compel arbitration.

Ordered that the order is affirmed, with costs.

The appellants assert that they never received notice of the demand for arbitration, and that their entire agreement was permeated by fraud, thereby making the arbitration clauses invalid. Their claims are without merit.

Where a party…

2Cases cited3 opinions

  1. Home Mutual Insurance v. SpringerAppellate Division of the Supreme Court of the State of New York · 1987
  2. Interboro Mutual Indemnity Insurance v. BetancourtAppellate Division of the Supreme Court of the State of New York · 1992
  3. In re the Arbitration between Hercules Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1985

3Cited by4 opinions

  1. Allstate Insurance v. KhaitAppellate Division of the Supreme Court of the State of New York · 1996
  2. Friedlander v. FreedAppellate Division of the Supreme Court of the State of New York · 2000
  3. Interboro Mutual Indemnity v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2000
  4. Matter of DeNobile v. PanettaAppellate Division of the Supreme Court of the State of New York · 2018

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