Legal Opinion
Hamershlag, Kempner & Co. v. Oestrich
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1996PublishedCited by 5 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (William McCooe, J.), entered May 3, 1996, which denied petitioner’s motion to stay arbitration, made on the grounds that certain of respondent’s claims are barred by the Statute of Limitations and that the *173punitive damages claim is not arbitrable under New York law, unanimously affirmed, without costs.
Since the New York choice of law provision in the parties’ arbitration agreement did not explicitly provide that the agreement "and its enforcement” would be governed by New York law, and did not otherwise expressly incorporate New York arbitration law,…
2Cases cited4 opinions
- Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
- Mulder v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1996
- Goldberg v. ParkerAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
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- Diamond Waterproofing Co. v. 55 Liberty Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Kidder, Peabody & Co. v. FischAppellate Division of the Supreme Court of the State of New York · 1997
- Merritt Engineering Consultants, P.C. v. 55 Liberty Owners' Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Smith Barney Inc. v. HeimanAppellate Division of the Supreme Court of the State of New York · 1997