Legal Opinion
In Re the Arbitration Between Princeton Rayon Corp. & Gayley Mill Corp.
New York Court of Appeals
Decided June 10, 1955PublishedCited by 12 opinions
1Opinion of the CourtDye, J.
In this proceeding to stay arbitration, a substantial issue of fact is presented as to the making of an agreement to arbitrate, which should not be determined on affidavits but after a trial in the usual manner (Civ. Prac. Act, § 1450; Matter of Siracusa v. 421-425 W. 54th St. Corp., 237 N. Y. 572). The inten tian to arbitrate must be clearly expressed (Matter of Riverdale Fabrics Corp. [Tillinghast-Stiles Co.], 306 N. Y. 288).
The order of the Appellate Division and that of Special Term should be reversed, with costs in this court and in the Appellate Division, and motion to stay arbitration…
2Cases cited2 opinions
- In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
- Matter of Siracusa v. . 421-425 West 54th Street Corp.New York Court of Appeals · 1924
3Cited by12 opinions
- Sinva, Inc. v. Merrill, Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1966
- In re the Arbitration between Doughboy Industries Inc. & Pantasote Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Two Sisters, Inc. v. Gosch & Co.Supreme Court of Connecticut · 1976
- Housekeeper v. LourieAppellate Division of the Supreme Court of the State of New York · 1972
- In re the Arbitration between C.M.I. Clothesmakers, Inc. & A.S.K. Knits, Inc.New York Supreme Court · 1975
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