Legal Opinion
Schafran & Finkel, Inc. v. M. Lowenstein & Sons, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1938PublishedCited by 4 opinions
1Opinion of the CourtDore, J.
Plaintiff brings this action to enjoin defendant from further prosecuting its pending proceeding to confirm an award of arbitrators and to obtain a judgment declaring that no valid contract to arbitrate exists between the parties.
Defendant’s contention, sustained by the learned Special Term, is that an independent action in equity does not lie to restrain the *220prosecution of an application to confirm an arbitrators’ award made pursuant to the provisions of article 84 of the Civil Practice Act.
By chapter 341 of the Laws of 1937, in effect September 1, 1937, article 84 of the Civil Practice Act…
2Cases cited2 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
3Cited by4 opinions
- Matter of Hesslein Co. v. GreenfieldNew York Court of Appeals · 1939
- Motor Vehicle Accident Indemnification Corp. v. FenrichNew York Supreme Court · 1962
- In re the Arbitration between Passik & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1964
- In re the Arbitration Between Hesslein & Co., Inc.Appellate Division of the Supreme Court of the State of New York · 1938