Legal Opinion
In re Gruen
New York Supreme Court
Decided January 22, 1940PublishedCited by 7 opinions
1Opinion of the CourtHofstadter, J.
This is a motion to compel respondent to proceed to arbitration of a dispute between the parties as to petitioner’s right to file a stipulation for judgment by default, executed by respondent. The latter resists the application, claiming that the agreement which contains a provision for arbitration of petitioner’s right to file the stipulation was entered into by him under duress. A"jury trial of the issue of duress is demanded by respondent.
Section 1450 of the Civil Practice Act provides that “ if evidentiary facts be set forth raising a substantial issue as to the making of the contract ”…
2Cases cited9 opinions
- Kamenitsky v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1917
- In re Japan Cotton Trading Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In re Cheney Bros.Appellate Division of the Supreme Court of the State of New York · 1926
- Matter of Cheney Bros. v. Joroco Dresses, Inc.New York Court of Appeals · 1927
- Ring v. . RingNew York Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lummus Company v. Commonwealth Oil Refining Company, Inc., (Three Cases)Court of Appeals for the First Circuit · 1960
- Housekeeper v. LourieAppellate Division of the Supreme Court of the State of New York · 1972
- Manno v. Mutual Benefit Health & Accident Ass'nNew York Supreme Court · 1959
- Davis v. M & M Developer, LLC (In re MBM Entertainment, LLC)United States Bankruptcy Court, S.D. New York · 2015
- In re Arbitration between Exercycle Corp. & MarattaNew York Court of Appeals · 1961
2 more not listed; retrieve them via the Exa API.