Legal Opinion
Fein v. Fein
New York Supreme Court
Decided April 5, 1994Published
1Opinion of the Court
OPINION OF THE COURT
Edward W. McCarty III, J.
This application places in uneasy juxtaposition a determination of an orthodox rabbinical tribunal known as the Monsey Bais Din and the provisions of the CPLR involving arbitration. (CPLR art 75.) The petitioners and respondents respectively seek to annul and to enforce a determination of the rabbinical tribunal by resort to the secular courts of this State. Despite clear legal authority for such an exercise (Matter of Meisels v Uhr, 79 NY2d 526), the following discussion will amply demonstrate the difficulties posed in attempting to "shoehorn” an…
2Cases cited8 opinions
- Goldfinger v. LiskerNew York Court of Appeals · 1986
- Meisels v. UhrNew York Court of Appeals · 1992
- In Re Arbitration Between J. P. Stevens & Co. & Rytex Corp.New York Court of Appeals · 1974
- Rose v. J.J. Lowrey & Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Mikel v. ScharfAppellate Division of the Supreme Court of the State of New York · 1981
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