Legal Opinion
In re the Arbitration between Symphony Fabrics Corp. & Bernson Silk Mills, Inc.
New York Court of Appeals
Decided March 28, 1963PublishedCited by 22 opinions
1Opinion of the CourtBubke, J.
The question on this appeal raises two issues: Does the Supreme Court have the power to consolidate two *411arbitration proceedings where the parties are not the same in both proceedings; and, if so, did the Appellate Division abuse its discretion in directing the consolidation?
On April 19, 1961 Symphony and Barbara entered into a contract whereby Symphony agreed to deliver 7,500 yards of fabric to Barbara, with delivery “ To start last week in May, 1961 Through July, 1961.” The fabric, described as “Silktura”, was to have a fiber content 83% acetate and 17% silk, and its width was to be “…
2Cases cited2 opinions
- Datz v. Economy Cotton Goods Stores, Inc.New York Court of Appeals · 1934
- Franc, Strohmenger & Cowan Co. v. Designs by Stanley, Inc.New York Supreme Court · 1954
3Cited by22 opinions
- County of Sullivan v. Edward L. Nezelek, Inc.New York Court of Appeals · 1977
- Grover-Dimond Associates, Inc. v. American Arbitration Ass'nSupreme Court of Minnesota · 1973
- Atlas Plastering, Inc. v. Superior CourtCalifornia Court of Appeal · 1977
- Litton Bionetics, Inc. v. Glen Construction Co.Court of Appeals of Maryland · 1981
- Robinson v. WarnerDistrict Court, D. Rhode Island · 1974
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