Legal Opinion

In re the Arbitration between Stein-Tex Inc. & Ide Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1959PublishedCited by 8 opinions

1Per curiam

Involved in this appeal is whether a general release, the generality of which is disputed between the parties, prevents arbitration of disputes arising under contracts which antedated the general release.

The rule would now seem to be settled that subsequent acts or documents purporting or claimed to terminate an agreement containing a broad arbitration clause, if in dispute, raise issues for the arbitrators and not for the court (Matter of Lipman [Haeuser Shellac Co.], 289 N. Y. 76; Matter of Aqua Mfg. Co. [Warshow & Sons], 179 Misc. 949, affd. 266 App. Div. 718).

This has been so held…

2Cases cited5 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. In re the Arbitration between Minkin & HalperinNew York Court of Appeals · 1952
  3. In re the Arbitration between Minkin & HalperinAppellate Division of the Supreme Court of the State of New York · 1951
  4. In re the Arbitration between Aqua Mfg. Co. & H. Warshow & Sons, Inc.New York Supreme Court · 1943
  5. In re the Arbitration between City Sewing Center, Inc. & Portman Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1952

3Cited by8 opinions

  1. Schlaifer v. SedlowNew York Court of Appeals · 1980
  2. George A. Fuller Co. v. Albin Gustafson Co.Appellate Division of the Supreme Court of the State of New York · 1977
  3. Hutchins v. Paine Webber, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  4. In re Dissolution of J & J Perlman's, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  5. Ripps v. GoltzAppellate Division of the Supreme Court of the State of New York · 1980

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