Legal Opinion
Tilbury Fabrics, Inc. v. Stillwater, Inc.
New York Court of Appeals
Decided April 6, 1982PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Since it does not appear from this record that Stillwater raised the one-year contractual Statute of Limitations defense in a motion to stay arbitration or before the arbitrators, it was waived (CPLR 7502, subd [b]; 7503). In any event, since compliance with the contractual period of limitation, if it were raised, would have been a question for the arbitrators (Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 9, n 2), the point would fall to the rule that an error of law committed…
2Cases cited2 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- In re the Arbitration between Granite Worsted Mills, Inc. & Aaronson Cowen, Ltd.New York Court of Appeals · 1969
3Cited by16 opinions
- Norris v. CooperNew York Court of Appeals · 1984
- Reddick & Sons of Gouverneur, Inc. v. Carthage Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1983
- Town of Newburgh v. Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1994
- Allstate Insurance v. AlbinoAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Arbitration between West Side Lofts, Ltd. & Sentry Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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