Legal Opinion
Garrity v. Bagold Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 1944PublishedCited by 8 opinions
1Per curiam
On defendants’ appeal the order insofar as it strikes out the first and third complete defenses and the fifth and sixth partial defenses should be affirmed. (Walsh v. 515 Madison Ave. Corp., 267 App. Div. 756; O’Neil v. Brooklyn Savings Bank, 267 App. Div. 317.) The fourth complete defense *355pleading an agreement to settle the disputes by arbitration and asserting that the defendant does not intend to waive the rights thereunder was also properly stricken. Plaintiffs sue on a substantive statutory right. Arbitration is a matter of remedial procedure. (Civ. Prac. Act, § 1451.)
On plaintiffs’…
2Cases cited2 opinions
- O'Neil v. Brooklyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1943
- Walsh v. 515 Madison Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1943
3Cited by8 opinions
- In re the Arbitration between New York Central Railroad & Erie RailroadNew York Supreme Court · 1961
- Adams v. Union Dime Sav. BankCourt of Appeals for the Second Circuit · 1944
- Walsh v. 515 Madison Avenue Corp.New York Supreme Court · 1943
- Andacht v. William Andacht, Inc.City of New York Municipal Court · 1958
- In re the Arbitration between Adam Consolidated Industries, Inc. & Miller Bros. Hat Co.Appellate Division of the Supreme Court of the State of New York · 1958
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