Legal Opinion

In re the Arbitration between Gantt & Hurtado & Cia.

New York Supreme Court

Decided March 27, 1947PublishedCited by 3 opinions

1Opinion of the CourtChurch, J.

This is a special proceeding brought pursuant to the provisions of section 1458 of the Civil Practice Act to restrain permanently an arbitration proceeding instituted by the respondent. An order was heretofore made by this court on December 9, 1946, staying the arbitration pending a trial by jury of the issues whether or not the contracts alleged by the respondent were duly and validly made and whether the contracts are validly binding on the petitioner. Subsequently, on January 13, 1947, an order to show cause was obtained for a permanent restraining order.

The basis of the present…

2Cases cited10 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
  3. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  4. Gilbert v. BurnstineNew York Court of Appeals · 1931
  5. Broderick v. RosnerSupreme Court of the United States · 1935

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3Cited by3 opinions

  1. E. A. Bromund Co. v. Exportadora Affonso De Alburquerque, LTDADistrict Court, S.D. New York · 1953
  2. In re the Arbitration between Gantt & Felipe Y. Carlos Hurtado & Cia., Ltda.Appellate Division of the Supreme Court of the State of New York · 1947
  3. Mid-South Maintenance Inc. v. Paychex Inc.Court of Appeals of Tennessee · 2015

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