Legal Opinion
In re Chapman-Kruge Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1933PublishedCited by 3 opinions
1Opinion of the Court
Order of the Special Term, denying petitioner’s application for a stay of a certain action in the City Court of the City of New York reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. The City Court of the City of New York could not pass upon the question whether or not the arbitration body’s decision was a bar to the action, because the matter raising that question and pleaded as a defense is not a defense (Nagy v. Arcas Brass & Iron Co., 242 N. Y. 97, 98),but merely an indication of an intent not to waive rights under…
2Cases cited3 opinions
- Matter of Hosiery Mfrs. Corp. v. . GoldstonNew York Court of Appeals · 1924
- Nagy v. Arcas Brass & Iron Co.New York Court of Appeals · 1926
- Hamburg-American Line v. Hamburg-American Line in the City CourtAppellate Division of the Supreme Court of the State of New York · 1930
3Cited by3 opinions
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
- Lumsden v. Lumsden Bros. & Taylor, Inc.Appellate Division of the Supreme Court of the State of New York · 1934
- In re Ralph Catino Contracting Co.New York Supreme Court · 1940