Legal Opinion

In re the Arbitration between Ward Leonard Electric Co. & Local 419, International Union of Electrical, Radio & Machine Workers

New York Supreme Court

Decided March 27, 1958PublishedCited by 2 opinions

1Opinion of the CourtElbert T. Gallagher, J.

Petitioner moves for a stay of arbitration pursuant to subdivision 2 of section 1458 of the Civil Practice Act.

A preliminary question has been raised by the respondents concerning the timeliness of the motion. The statute provides that the notice of motion must be served within 10 days after the service of the notice of intention to arbitrate. The respondent union served its notice of intention on October 25, 1957. Accordingly, the 10-day period for service of the notice of motion for a stay continued to and including November 4, 1957. The respondents claim that it was not in fact served…

2Cases cited5 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. In re LipmanAppellate Division of the Supreme Court of the State of New York · 1942
  3. In re the Arbitration between Katz & BurkinNew York Supreme Court · 1955
  4. In re the Arbitration between Local Union 516 & Bell Aircraft Corp.Appellate Division of the Supreme Court of the State of New York · 1954
  5. In re the Arbitration between Local Union 516, Inspection Unit & Bell Aircraft Corp.New York Court of Appeals · 1954

3Cited by2 opinions

  1. In re the Arbitration between Bauer & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1968
  2. In re the Arbitration Between George Rattray & Co. & TrenzNew York Supreme Court · 1960

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