Legal Opinion
In re the Arbitration between Intelligent Bank Management, Inc. & East Coast Financial Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1994PublishedCited by 3 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Edith Miller, J.), entered February 23, 1994, which denied petitioner’s motion to stay arbitration between the parties, unanimously affirmed, without costs.
While an arbitrator should decide any issue of whether or not a "meeting of the minds” occurred between the parties (Matter of Fener Realty Co. [NICO Constr. Co.], 182 AD2d 436, 437), the IAS Court itself properly decided the issue of capacity to contract since an issue of public policy is involved (cf., Matter of Prinze [Jonas], 38 NY2d 570, 576).
The IAS Court wrongly concluded that respondent is…
2Cases cited5 opinions
- In Re the Arbitration Between Prinze & JonasNew York Court of Appeals · 1976
- 172 East 122 Street Tenants Ass'n v. SchwarzNew York Court of Appeals · 1989
- In re the Arbitration between Fener Realty Co. & NICO Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- National Bank of North America v. PaskowNew York Court of Appeals · 1981
- National Bank of North America v. PaskowAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by3 opinions
- Olympus America, Inc. v. 5th Avenue Photo Inc.Civil Court of the City of New York · 2002
- St. George v. Hampton Ventures, LLC (In re Hampton Ventures, LLC)United States Bankruptcy Court, D. Connecticut · 2019
- H.E.G. Development & Management Corp. v. BlumbergNew York Supreme Court · 1997