Legal Opinion
In re the Arbitration between Buck Creek Industries, Inc. & Beattie Manufacturing Co.
New York Supreme Court
Decided July 18, 1978PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Bentley Kassal, J.
This is an application by petitioner for an order, pursuant to CPLR 7502 (subd [b]), staying arbitration of claims arising out of contracts, dating from September 15, 1975 to September 16, 1976, on the ground that such claims are barred by a contractual limitation of time and that those claims may not be presented by the respondent in the pending arbitration as a claim or offset.
Initially the following undisputed facts should be noted:
*813Petitioner is a manufacturer of carpet yarn having its principal offices in Atlanta, Georgia, and plants in Georgia,…
2Cases cited5 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- In re the Arbitration between Rederi & Dow Chemical Co.New York Court of Appeals · 1970
- In re the Arbitration between Caudill, Rowlett, Scott & Board of Education, Union Free School, District No. 3Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by3 opinions
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. ShaddockDistrict Court, S.D. New York · 1993
- Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996
- Painewebber Incorporated v. Michael J. Bybyk and Joyce O. BybykCourt of Appeals for the Second Circuit · 1996