Legal Opinion

Aerotech World Trade Ltd. v. Excalibur Systems Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 24, 1997PublishedCited by 8 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Queens County (Dye, J.), dated January 17, 1996, which denied the petition and dismissed the proceeding.

Ordered that the judgment is modified, on the law, by deleting the provision thereof which dismissed that branch of the petition which was to stay arbitration of any claims arising out of the 1992 Management and Marketing Agreement and substituting therefor a provision granting that branch of the petition; as so modified, the judgment is affirmed, with costs to the…

2Cases cited5 opinions

  1. In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
  2. In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.New York Court of Appeals · 1954
  3. Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
  4. In Re the Arbitration Between Level Export Corp. & Wolz, Aiken & Co.New York Court of Appeals · 1953
  5. Fidelity & Deposit Co. v. Parsons & Whittemore Contractors Corp.New York Court of Appeals · 1979

3Cited by8 opinions

  1. Navillus Tile, Inc. v. Bovis Lend Lease LMB, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. General Railway Signal Corp. v. L.K. Comstock & Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Industrial Window Corp. v. Federal InsuranceDistrict Court, S.D. New York · 2009
  4. General Re Corp. v. FoxeNew York Supreme Court · 1998
  5. Industrial Window Corp. v. Federal InsuranceDistrict Court, S.D. New York · 2008

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