Legal Opinion

In re the Arbitration between Galban Lobo Co. & Haytian American Sugar Co.

New York Supreme Court

Decided April 15, 1946Published

1Opinion of the CourtGavagan, J.

Petitioner’s motion to compel arbitration is resisted by respondent’s cross motion to vacate service. The contract provided for arbitration in New York. Service was made upon an officer of respondent present in New York. It is not disputed that respondent is a foreign corporation, is not authorized to do business and does no business in this State. The person served is not here on the business of the respondent.

Section 1450 of the Civil Practice Act, as amended September 1, 1944 (L. 1944, ch. 423), provides: “ The making of a contract or submission for arbitration described in section…

2Cases cited3 opinions

  1. Gilbert v. BurnstineNew York Court of Appeals · 1931
  2. Sargant v. MonroeAppellate Division of the Supreme Court of the State of New York · 1944
  3. In re Arbitration between Red Line Commercial Co. & Pastene Co.Appellate Division of the Supreme Court of the State of New York · 1945

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