Dazco Heating & Air Conditioning Corp. v. C.B.C. Industries, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff brought this action to recover damages for breach of contract. The defendants moved to compel arbitration of the matter pursuant to the contract, which provided that "[a]ll disputes, except as otherwise provided * * * which may arise out of this [contract] shall be submitted to arbitration”. The court denied the motion, finding that the arbitration provision did not apply because the defendants’ termination of the contract did not arise within the terms of the contract itself.
It is well settled that on a motion to compel or stay arbitration, the court must determine, among other…
2Cases cited11 opinions
- In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
- Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
- 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
- In Re the Arbitration Between Prinze & JonasNew York Court of Appeals · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kapson Construction Corp. v. ARA Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 2007
- Brown v. BusseyAppellate Division of the Supreme Court of the State of New York · 1997
- Vitals986, Inc. v. Healthwave, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- City of Newburgh v. McGraneAppellate Division of the Supreme Court of the State of New York · 2011
6 more not listed; retrieve them via the Exa API.