Legal Opinion
In re the Arbitration between Paloma Frocks, Inc. & Shamokin Sportswear Corp.
New York Court of Appeals
Decided January 16, 1958PublishedCited by 14 opinions
1Opinion of the CourtDesmond, J.
The question for decision is: when a contract between two corporations includes a general arbitration clause, may the president of one contracting party without *574specific authorization from his directors commence an arbitration of an alleged dispute, when half of the directors of his corporation represent the other contracting party on his corporation’s board and presumably would not vote in favor of bringing the dispute before arbitrators? We could avoid answering that query by holding that it is for the arbitrators to answer, and thus not a proper basis for a court-granted stay of…
2Cases cited7 opinions
- Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Sterling Industries, Inc. v. Ball Bearing Pen Corp.New York Court of Appeals · 1949
- Gorham v. GaleNew York Supreme Court · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ono v. ItoyamaDistrict Court, D. New Jersey · 1995
- L. W. Kent & Co. v. WolfAppellate Division of the Supreme Court of the State of New York · 1988
- Executive Leasing Co. v. LederAppellate Division of the Supreme Court of the State of New York · 1993
- Stone v. FrederickAppellate Division of the Supreme Court of the State of New York · 1997
- Sealand Investment Corp. v. Emprise Inc.California Court of Appeal · 1961
9 more not listed; retrieve them via the Exa API.