Legal Opinion
In re the Arbitration between Emerson Radio & Phonograph Corp. & Illustrated Technical Products Corp.
New York Supreme Court
Decided June 16, 1958PublishedCited by 2 opinions
1Opinion of the CourtVincent A. Lupiano, J.
This is a motion to compel arbitration and to stay the law action between the parties. No requirement for arbitration nor reference to arbitration was in any wise contained in any of the written or printed matter which was the subject of the subcontract between the parties.
A provision for arbitration may not be implied nor may it be incorporated by a reference to an extrinsic document which is neither exhibited nor attached to the contract itself. (Matter of Riverdale Fabrics Corp. [Tillinghast-Stiles Co.], 306 N. Y. 288; Matter of General Silk Importing Co. [Gerseta Corp.], 198 App. Div. 16;…
2Cases cited4 opinions
- In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
- Matter of Lehman v. OstrovskyNew York Court of Appeals · 1934
- In re General Silk Importing Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Weiner v. Mercury Artists Corp.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by2 opinions
- Narragansett Electric Co. v. Constellation Energy Commodities Group, Inc.District Court, D. Rhode Island · 2007
- In re the Arbitration between Chiappinelli-Marx, Inc., & B & L Construction Corp.New York Supreme Court · 1961