In Re the Arbitration Between Motor Haulage Co. & International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Truck Drivers & Chauffeurs Local No. 807
New York Court of Appeals
I. As construed by the court below and applied in the judgment appealed from, article 84 of the Civil Practice Act violates the due process clause of the Fourteenth Amendment to the United States Constitution and the due process and trial by jury guaranteed by the New York State Constitution. (Finsilver, Still & Moss v. Goldberg, Maas & Go., 253 N. Y. 382; Schaf-ran & Fimhel, Inc., v. Lowenstein & Sons, Inc., 280 N. Y. 164.) II.
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I. As construed by the court below and applied in the judgment appealed from, article 84 of the Civil Practice Act violates the due process clause of the Fourteenth Amendment to the United States Constitution and the due process and trial by jury guaranteed by the New York State Constitution. (Finsilver, Still & Moss v. Goldberg, Maas & Go., 253 N. Y. 382; Schaf-ran & Fimhel, Inc., v. Lowenstein & Sons, Inc., 280 N. Y. 164.) II. There was neither submission nor contract to arbitrate. III. The proceeding which resulted in the “ award ” was not instituted in conformity with the provisions of…
1Per curiam
In this State an action or special proceeding may not be maintained nor may judgment be entered against an unincorporated association in its proper name. In a case where the complaint or notice of motion commencing a special proceeding is served upon the president or treasurer of an association, the failure to designate that person in his representative capacity as the defendant or respondent is an irregularity which may be corrected in the absence of prejudice to a substantial right of any party (Civ. Prae. Act, § 105; Yeager v. Co-operative Fire Underwriters Assn., 243 App. Div. 743). We…
2Cited by17 opinions
- Markewich v. AdikesDistrict Court, E.D. New York · 1976
- Shapiro v. GordonNew York Supreme Court · 1949
- August Bohl Contracting Co. v. IUE, AFL-CIO District No. 3Appellate Division of the Supreme Court of the State of New York · 1980
- Miller v. Student Ass'n of State UniversityAppellate Division of the Supreme Court of the State of New York · 1980
- United Mineral & Chemical Corp. v. United Mechanics' Union, Local 150 FNew York Supreme Court · 1964
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