Legal Opinion
Protocom Devices, Inc. v. Figueroa
New York Supreme Court
Decided September 6, 1989PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Burton S. Sherman, J.
The petitioner seeks to dismiss, pursuant to CPLR 3211 (a) (5), the respondent’s demand for arbitration dated June 6, 1989. In view of the fact that no action or special proceeding has been instituted, the motion shall be considered as one to stay arbitration pursuant to CPLR 7503 and pursuant to the *739one-year Statute of Limitations provided in CPLR 7510 and res judicata.
The facts are that the parties promptly sought to arbitrate a dispute which arose in the performance of a written interior decorating service contract dated May 19, 1986. After a…
2Cases cited7 opinions
- Reilly v. ReidNew York Court of Appeals · 1978
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888
- Brazill v. . IshamNew York Court of Appeals · 1854
- Webster v. Van AllenAppellate Division of the Supreme Court of the State of New York · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Waterfront Marine Construction, Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B and CSupreme Court of Virginia · 1996
- Protocom Devices, Inc. v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1991