Legal Opinion
In re the Arbitration between Pierce & Brown Buick Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1940PublishedCited by 7 opinions
1Opinion of the CourtTaylor, J.
Complainant in an arbitration proceeding appeals from an order staying him from proceeding with arbitration as provided in a contract of employment. The stay was granted purportedly under section 1458 of the Civil Practice Act. That section provides that where a party opposing an arbitration “ sets forth evidentiary facts raising a substantial issue ” as to the making of, or the failure to comply with, a contract to arbitrate future disputes or a submission to arbitration of an existing dispute, the issue thus raised is to be tried immediately, by the court or a jury as the opposing party may…
2Cases cited5 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- In re the Arbitration of & Concerning Certain Matters in Difference between Pine Street Realty Co. & CoutroulosAppellate Division of the Supreme Court of the State of New York · 1931
- Matter of Pine Street Realty Company v. Nik CoutroulasNew York Court of Appeals · 1932
- In re HinesAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Arbitration of Certain Controversies between Pierce & Brown Buick Co.Appellate Division of the Supreme Court of the State of New York · 1939
3Cited by7 opinions
- Application of Reconstruction Finance Corp.District Court, S.D. New York · 1952
- Freydberg Bros. v. CoreyNew York Supreme Court · 1941
- In re LipmanAppellate Division of the Supreme Court of the State of New York · 1942
- Delma Engineering Corp. v. John A. Johnson Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- Frankel v. Standard Radio Corp.Civil Court of the City of New York · 1966
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