Durst v. Abrash
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
In an action for a declaratory judgment to determine that a certain purported stock sale transaction was in fact a disguise for a usurious loan agreement defendant appeals from an order denying her motion to compel arbitration (CPLB 7503, subd. [a]). Special Term denied the motion but directed a preliminary trial of the issues upon which arbitrability depends. The issue is whether the agreement to arbitrate has independent viability apart from the alleged usurious transactions so that all the issues, including the claim of usury, are for the arbitrators to determine rather than…
2Cases cited7 opinions
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
- Manson v. . CurtisNew York Court of Appeals · 1918
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Thurston v. . CornellNew York Court of Appeals · 1868
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
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3Cited by35 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Keating v. Superior CourtCalifornia Supreme Court · 1982
- Janmort Leasing, Inc. v. Econo-Car International, Inc.District Court, E.D. New York · 1979
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Hirsch v. HirschNew York Court of Appeals · 1975
30 more not listed; retrieve them via the Exa API.