Matter of Berkovitz v. . Arbib Houlberg
New York Court of Appeals
Appeal, in the first above-entitled action, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1920, which affirmed an order of Special Term denying an application for the appointment of an arbitrator under the Arbitration Law.
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Appeal, in the first above-entitled action, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1920, which affirmed an order of Special Term denying an application for the appointment of an arbitrator under the Arbitration Law. Appeal, in the second above-entitled action, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 15, 1920, which affirmed - an order of Special Term denying a motion for a stay of proceedings pursuant to the Arbitration…
1Opinion of the CourtCardozo, J.
The validity of the Arbitration Law (L. 1920, ch. 275; Consol. Laws, ch. 72), and its application to existing contracts and pending actions, are the questions here involved.
In one case (Matter of Berkovitz & Spiegel), a contract for the sale of goatskins was made in November, 1919. It provides that the skins shall “ be the usual quality of their kind, and claims in regard thereto shall not invalidate this contract, but shall be settled amicably or by arbitration in the usual manner.” The skins, which came from India, arrived in New York on April 12, 1920. The Arbitration Law took effect on…
2Cases cited24 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
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3Cited by189 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
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