Legal Opinion

In re General Silk Importing Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1922PublishedCited by 14 opinions

Appeal by Gerseta Corporation from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1922, granting petitioner’s motion that the defendant be directed “ to proceed forthwith with an arbitration before the Committee on Arbitration of the Silk Association of America pursuant to the by-laws, rules and regulations of said Association applicable thereto, of the differences…

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Appeal by Gerseta Corporation from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1922, granting petitioner’s motion that the defendant be directed “ to proceed forthwith with an arbitration before the Committee on Arbitration of the Silk Association of America pursuant to the by-laws, rules and regulations of said Association applicable thereto, of the differences arising under the contract ” between the parties.

1Opinion of the Court

Greenbaum, J.:

The controversy between the parties out of which the order in this proceeding resulted has been before this court on two previous appeals. The first was when this court unanimously affirmed an order of the Special Term which denied the petitioner’s application to compel arbitration, with leave, however, to renew, it. (198 App. Div. 16.) The second was an appeal from a peremptory mandamus order which reinstated the Gerseta Corporation to membership in the Silk Association of America, from which it had been suspended because of its failure to comply with its agreement to arbitrate…

2Cases cited4 opinions

  1. In re General Silk Importing Co.Appellate Division of the Supreme Court of the State of New York · 1921
  2. People Ex Rel. Union Insurance Co. of Philadelphia v. NashNew York Court of Appeals · 1888
  3. Supreme Lodge of the Order of Select Friends v. RaymondSupreme Court of Kansas · 1897
  4. Gerseta Corp. v. Silk Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by14 opinions

  1. In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
  2. Municipio de Mayagüez v. LebrónSupreme Court of Puerto Rico · 2006
  3. In re the Arbitration between Doughboy Industries Inc. & Pantasote Co.Appellate Division of the Supreme Court of the State of New York · 1962
  4. In re the Arbitration between Riccardi & Modern Silver Linen Supply Co.Appellate Division of the Supreme Court of the State of New York · 1974
  5. Wilson & Co. v. Fremont Cake & Meal Co.District Court, D. Nebraska · 1948

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