Legal Opinion

In re the Arbitration between Film Classics, Inc. & Hal Roach Studios, Inc.

New York Supreme Court

Decided August 3, 1945Published

1Opinion of the CourtBoteiet, J.

This is a motion by Hal Eoach Studios, Inc., to strike out and expunge the following paragraph from a notice electing arbitration served upon it by Film Classics, Inc.: “ It is understood that any arbitrators acting for or on behalf of you or the undersigned shall in nowise be interested or connected financially, or otherwise, with you or the undersigned. ’ ’ The movant maintains that this paragraph is improper, since it imposes a condition or limitation with respect to the selection of an arbitrator not contained in the arbitration clause of the contract between the parties.

The movant has…

2Cases cited4 opinions

  1. Matter of A.E. Fire Ins. Co. v. N.J. Ins. Co.New York Court of Appeals · 1925
  2. In re the Arbitration between Friedman & FriedmanAppellate Division of the Supreme Court of the State of New York · 1926
  3. Albert v. SpiegelbergNew York Supreme Court · 1932
  4. Claim of Keppler v. NesslerAppellate Division of the Supreme Court of the State of New York · 1928

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