Legal Opinion
In re the Arbitration between Beverly Cocktail Lounge, Inc. & Emerald Vending Machine, Inc.
New York Supreme Court
Decided January 28, 1965PublishedCited by 4 opinions
1Opinion of the CourtFrank J. Pino, J.
In this application for the arbitration of a dispute arising out of an alleged contract, petitioner moves for an order pursuant to CPLR 7503 (subd. [b]) staying such arbitration and directing that a trial by jury be had of the issue as to the making of the contract. The respondent cross-moves for an order pursuant to CPLR 7503 (subd. [c]) vacating and setting aside the service of the prime motion on the ground that the service was improper and untimely.
Without discussing the merits of the contract it is undisputed that the respondent on November 30, 1964, served by certified mail a notice…
2Cases cited2 opinions
- Matter of Hesslein Co. v. GreenfieldNew York Court of Appeals · 1939
- Motor Vehicle Accident Indemnification Corp. v. FenrichNew York Supreme Court · 1962
3Cited by4 opinions
- In re the Arbitration between Knickerbocker Insurance & GilbertNew York Court of Appeals · 1971
- In re the Arbitration between Finest Restaurant Corp. & L & A Music Co.New York Supreme Court · 1966
- In re the Arbitration between Bauer & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1968
- Fiedelman v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1982