Legal Opinion

Heimlich v. Charlton Lithographing, Inc.

New York Supreme Court

Decided December 21, 1979PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bentley Kassal, J.

ISSUES

This application involves two issues. They are:(a) Is the court empowered under CPLR 7503 (subd [a]) to stay legal action because of an arbitration agreement binding upon plaintiff’s union despite the court’s inability to compel the parties to submit to arbitration?(b) Will the performance of work, labor and services by a party satisfy the requirements of the Statute of Frauds (Uniform Commercial Code, § 8-319, subd [b]) in the same manner as "payment” as employed therein?

The consideration of these issues warrants further review. Accordingly, the…

2Cases cited12 opinions

Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
Adelphi Enterprises, Inc. v. Mirpa, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
Koman v. MorrisseySupreme Court of Missouri · 1974
A. Burgart, Inc. v. Foster-Lipkins Corp.New York Supreme Court · 1970
In Re the Arbitration Between Methodist Church of Babylon & Glen-Rich Construction Corp.New York Court of Appeals · 1971

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

3Cited by2 opinions

Palmerton v. Envirogas, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
Zahr v. Wingate Creek Acquisition Corp.District Court, S.D. New York · 1993