Legal Opinion

In re the Arbitration between DeCharo & Cutco Industries, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1992PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Carol E. Huff, J.), entered May 6, 1991, which granted petitioner’s application, pursuant to CPLR 7503 (c), to stay arbitration demanded by respondent pending a final determination of the second cause of action for injunctive relief in petitioner’s action pending in United States District Court for the Northern District of California, unanimously reversed, on the law, the petition is denied and the stay of arbitration vacated, without costs.

It is well settled that strict compliance with the provisions of CPLR 7503 (c) is required and that petitioner’s…

2Cases cited3 opinions

  1. MATTER OF YAK TAXI, INC. v. TekeNew York Court of Appeals · 1977
  2. American Security Insurance v. StanleyAppellate Division of the Supreme Court of the State of New York · 1982
  3. Hanover Insurance v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. Kidder, Peabody & Co. v. Collins CMO Fund Ltd.District Court, S.D. New York · 1995

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