Legal Opinion
Accessory Corp. v. Capco Wai Shing, LLC
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 2007PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered August 18, 2006, which denied defendants’ motion to stay the action and compel arbitration, unanimously affirmed, with costs.
While arbitration is favored as a matter of public policy (see Matter of Smith Barney Shearson v Sacharow, 91 NY2d 39, 49 [1997]), and the license agreement between defendant Wai Shing Elastic Hangars (Wai) and plaintiff contained an arbitration clause pursuant to which there is a pending arbitration relating to Wai’s purported wrongdoing under the contract, “a party will not be compelled to…
2Cases cited5 opinions
- TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
- Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
3Cited by3 opinions
- Byrnes v. CastaldiAppellate Division of the Supreme Court of the State of New York · 2010
- Friedman v. CYL Cemetery, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Friedman v. CYL Cemetery, Inc.Appellate Division of the Supreme Court of the State of New York · 2012