Legal Opinion
In re the Arbitration between Simplex Machine Tool Corp. & Swind Machinery Co.
New York Supreme Court
Decided August 15, 1955PublishedCited by 5 opinions
1Opinion of the CourtSaul S. Streit, J.
This is a motion by Simplex Machine Tool Corporation to stay Swind Machinery Company from proceeding to arbítrate a dispute between Swind and Simplex. The ground of the motion, as expressed in the notice of motion, is the alleged absence of a contract providing for arbitration. It appears from the moving affidavit that the movant’s , predecessor, Stokerunit Corporation, had contracted in writing with Swind that the latter was to be entitled to 50% of the regular commission on machine tools of Stokerunit sold outside Swind’s territory “ whose ultimate destination at time of shipment is within…
2Cases cited3 opinions
- In re the Arbitration between Lane & Leather Workers' Union of the United StatesAppellate Division of the Supreme Court of the State of New York · 1948
- In re SellyNew York Supreme Court · 1942
- Wenig v. Bel GeddesNew York Supreme Court · 1948
3Cited by5 opinions
- Milton L. Ehrlich, Inc. v. Swiss Construction Corp.New York Supreme Court · 1960
- In re the Arbitration between Dalcro Corp. & International Ladies' Garment Workers' UnionNew York Supreme Court · 1961
- Diesel Construction Co. v. Stewart Tenants Corp.New York Supreme Court · 1962
- In re the Arbitration between National Cash Register Co. & WilsonAppellate Division of the Supreme Court of the State of New York · 1959
- In re the Arbitration between 70 East 10th Street Corp. & Stewart Tenants Corp.New York Supreme Court · 1962