Legal Opinion · Dissent

In re the Arbitration between Staklinski & Pyramid Electric Co.

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

Decided November 25, 1958Published

1Dissent

Valente, J. (dissenting).

The majority of the court today upholds an arbitration award which directs specific performance of a contract for personal services by requiring the reinstatement of petitioner-respondent for seven years in a key executive position in a publicly held New Jersey corporation. In so doing, the court departs from well-established limits on equity decrees. We dissent because neither controlling authority nor the dictates of public policy support the ruling made. The decision represents a capitulation of the powers of a court of equity to the unregulated discretion of a…

2Cases cited24 opinions

  1. Matter of WilkinsNew York Court of Appeals · 1902
  2. Reconstruction Finance Corp. v. Harrisons & Crosfield, LimitedCourt of Appeals for the Second Circuit · 1953
  3. Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
  4. In Re the Arbitration Between Lipschutz & GutwirthNew York Court of Appeals · 1952
  5. E. T. C. Corp. v. Title Guarantee & Trust Co.New York Court of Appeals · 1936

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