Legal Opinion
In re the Arbitration between Trump & Refco Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1993PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
This appeal, from the denial of a petition to stay arbitration, presents the issue of whether a clause in a partnership agreement providing for arbitration of a dispute pertaining to a partner’s call for additional capital takes precedence over another clause in the agreement requiring the approval of 65% of the partnership interests before a management decision affecting the partnership can be made so as to require arbitration of the call notice dispute where the other partner, a 50% owner of the partnership interests, has never agreed to the improvements…
2Cases cited4 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Muzak Corp. v. Hotel Taft Corp.New York Court of Appeals · 1956
- Gangel v. DeGrootNew York Court of Appeals · 1977
- Bowmer v. BowmerNew York Court of Appeals · 1980
3Cited by13 opinions
- American Centennial Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1996
- Bodewes v. Ulico Casualty Co.District Court, W.D. New York · 2004
- In re the Arbitration between Massena Central School District & Massena Confederated School Employees' Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
- Ballen-Stier v. Hahn & Hessen, L. L. P.Appellate Division of the Supreme Court of the State of New York · 2001
- Allstate Insurance v. RoseboroAppellate Division of the Supreme Court of the State of New York · 1998
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