Legal Opinion

Sherrill v. Grayco Builders, Inc.

New York Court of Appeals

Decided February 12, 1985PublishedCited by 126 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

The issue before us is whether the parties’ disputes should be resolved by arbitration or litigation. Appellants, seeking arbitration, urge that respondents are bound by written agreements to arbitrate, while respondents contend that any right appellants may have had to arbitrate has been lost by extensive courthouse proceedings, and in any event would be defeated by the fact that one of the parties — a public agency — never *269agreed to arbitrate and opposes arbitration. Concluding that appellants have elected to litigate their dispute, and thereby forfeited any…

2Cases cited16 opinions

  1. Norris v. CooperNew York Court of Appeals · 1984
  2. In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
  3. De Sapio v. KohlmeyerNew York Court of Appeals · 1974
  4. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  5. Matter of Hosiery Mfrs. Corp. v. . GoldstonNew York Court of Appeals · 1924

11 more not listed; retrieve them via the Exa API.

3Cited by126 opinions

  1. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
  2. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  3. Stark v. Molod Spitz DeSantis & Stark, P.C.New York Court of Appeals · 2007
  4. Ruttura & Sons Construction Co. v. J. Petrocelli Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Roggio v. Nationwide Mutual InsuranceNew York Court of Appeals · 1985

121 more not listed; retrieve them via the Exa API.

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