Legal Opinion

In re the Arbitration between Concrete Steel & Tile Construction Co. & Green

New York Supreme Court

Decided November 15, 1909PublishedCited by 4 opinions

Motion to confirm the award of arbitrators under section 2313 of the. Code of Civil Procedure.

1Opinion of the CourtBischoff, J.

Upon the record before me I am. constrained to a denial of this application to confirm the award of arbitrators. For the purpose of the court’s jurisdiction to grant an order confirming the award, as distinguished from proceedings by action to enforce an award upon, a com*211mon-law submission, the requirements of the statute must be complied with, and it must appear that the agreement of submission was executed with the formalities prescribed by law. Smadbeck v. City of Mount Vernon, 124 App. Div. 515; Electric Steel El. Co. v. Earn Malting Co., 112 id. 686. The requirement of the statute (Code…

2Cases cited2 opinions

  1. Hinkle v. . ZimmermanNew York Court of Appeals · 1906
  2. Smadbeck v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by4 opinions

  1. In re the Arbitration between Hellman & WolbromAppellate Division of the Supreme Court of the State of New York · 1969
  2. In re Colwell Worsted MillsAppellate Division of the Supreme Court of the State of New York · 1930
  3. Concrete Steel & Tile Co. v. GreenAppellate Division of the Supreme Court of the State of New York · 1910
  4. In re Resolute Paper Products Corp.New York Supreme Court · 1936

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