Legal Opinion
In re the Arbitration between Standardbred Owners Ass'n & Yonkers Raceway, Inc.
New York Supreme Court
Decided October 5, 1961PublishedCited by 6 opinions
1Opinion of the CourtFrank A. Gulotta, J.
In this arbitration proceeding, the petitioner, Standardbred Owners Association, Inc., has moved for a court order appointing an arbitrator on behalf of respondent Yonkers Raceway, Inc., by reason of the latter’s refusal to appoint one, thus preventing the selection of a third arbitrator by the two nominated by the parties as per the contract.
The respondent cross-moves to stay the arbitration until a trial and decision can be had in an action for declaratory judgment which it has instituted, now pending in Westchester County.
The action seeks a determination that the contract between the…
2Cases cited3 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Adroit Metal Products, Inc. v. Young's Windows of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
3Cited by6 opinions
- American Safety Equipment Corp. v. J. P. Maguire & Co.Court of Appeals for the Second Circuit · 1968
- Romnes v. Bache & Co., Inc.District Court, W.D. Wisconsin · 1977
- American Safety Equipment Corp. v. J. P. Maguire & Co., Inc., a Delaware Corporation, American Safety Equipment Corp. v. Hickok Manufacturing Co., Inc.Court of Appeals for the Second Circuit · 1968
- In re the Arbitration between Teachers Ass'n & Board of EducationNew York Supreme Court · 1969
- In re the Arbitration between Allied Van Lines, Inc. & Hollander Express & Van Co.Appellate Division of the Supreme Court of the State of New York · 1970
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