Legal Opinion
Kushlin v. Bialer
Appellate Division of the Supreme Court of the State of New York
Decided June 26, 1969PublishedCited by 3 opinions
1Opinion of the CourtMcNally, J.
Special Term stayed prosecution of this action pending arbitration as provided in the agreement of the parties dated February 1, 1955.
The agreement provides (par. 20) “ these arbitrators shall be selected one by each of the partners. ’ ’ Plaintiff-appellant argues *218the other two parties to the agreement, the individual defendants, are aligned against him, therefore the contract provision for selection of arbitrators is unfair and should not be enforced.
Appellant does not rely on ambiguity. There is, therefore, no basis for construction. It is well settled that a court may not, under the guise…
2Cases cited3 opinions
- In Re the Arbitration Between Lipschutz & GutwirthNew York Court of Appeals · 1952
- In Re the Arbitration Between Amtorg Trading Corp. & Camden Fibre Mills, Inc.New York Court of Appeals · 1952
- In re the Arbitration between Di Stasio & AvalloneAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by3 opinions
- New York State Electric & Gas Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Ross v. Specialty Insulation Manufacturing Co.New York Supreme Court · 1978
- Town of Wallkill Industrial Development Agency v. Assessor of WallkillAppellate Division of the Supreme Court of the State of New York · 2001