Legal Opinion
In re the Arbitration between Etkin & Company, Inc. & Play It Again Apparel, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 1997PublishedCited by 3 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Lorraine Miller, J.), entered December 7, 1995, which, inter alia, granted petitioner’s application to confirm an arbitration award, and denied respondent’s cross motion to dismiss the petition or partially vacate the award, unanimously affirmed, with costs.
Petitioner’s failure to allege its corporate status in the confirmation petition in accordance with CPLR 3015 (b) is a minor pleading defect that resulted in no prejudice to respondent, and was thus properly disregarded (see, Matter of WNYT-TV v Moynihan, 97 AD2d 555).
Respondent’s claims that the…
2Cases cited4 opinions
- Norris v. CooperNew York Court of Appeals · 1984
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- WNYT-TV v. MoynihanAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Arbitration between Five Boro Roofing & Sheet Metal Works, Inc. & Van-Tulco, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by3 opinions
- Mancheski v. Gabelli Group Capital PartnersAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Arbitration between Bevtek Corp. & Mr. Natural, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- G.T. v. Castillo, M.D.District Court, S.D. New York · 2023