Legal Opinion

Dwyer v. Biddle

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

Decided October 25, 1948PublishedCited by 4 opinions

1Opinion of the Court

In an "action to recover damages for malpractice, order denying motion of defendant for a stay of the action until arbitration be had between the parties, *904affirmed, with $10 costs and disbursements. There is no satisfactory showing of the existence of a reciprocally enforeible written contract of the parties containing the claimed arbitration clause. (Civ. Prac. Act, §§ 1449,1451; Matter of Silvers, 14 N. Y. S. 2d 820, 822; Matter of Tanenbaum Textile Co. v. Schlanger, 287 N. Y. 400.) Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

2Cases cited1 opinion

  1. Matter of Tanenbaum Textile Co. v. SchlangerNew York Court of Appeals · 1942

3Cited by4 opinions

  1. Sablosky v. Edward S. Gordon Co.New York Court of Appeals · 1989
  2. Miner v. WaldenNew York Supreme Court · 1979
  3. Hull Dye & Print Works, Inc. v. Riegel Textile Corp.Appellate Division of the Supreme Court of the State of New York · 1971
  4. Wolfman v. HerbstrittAppellate Division of the Supreme Court of the State of New York · 1985