Legal Opinion
Primex International Corp. v. Wal-Mart Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1996Published
1Opinion of the Court
Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 11, 1996, which denied petitioner’s application brought pursuant to CPLR article 75 to compel arbitration of a commercial dispute with defendant, dismissed the petition, stayed the arbitration and permitted the plenary action commenced by respondent herein against petitioner herein in Arkansas State court to proceed, unanimously affirmed, without costs.
The threshold question of arbitrability is one for the courts (Sisters of St. John the Baptist v Geraghty Constructor, 67 NY2d 997, 998; see also, Litton Fin. Print.…
2Cases cited6 opinions
- Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
- Sisters of Saint John the Baptist, Providence Rest Convent v. Phillips R. Geraghty Constructor, Inc.New York Court of Appeals · 1986
- In re the Arbitration between Minkin & HalperinNew York Court of Appeals · 1952
- In re the Arbitration between Minkin & HalperinAppellate Division of the Supreme Court of the State of New York · 1951
- LAKEHEAD PIPE LINE COMPANY v. Investment Advisors, Inc.District Court, D. Minnesota · 1995
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