Short v. National Sport Fashions, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
The contract of the parties had a provision affording either of them the right to demand arbitration concerning any dispute arising with respect to the provisions of the agreement. Plaintiff sued at law claiming a breach of contract. Defendants appeared by an attorney and obtained a stipulation extending their time to answer. The affidavit states that at the time this stipulation was obtained there was some discussion with' respect *285to defendants’ right to demand arbitration. However, the stipulation did not expressly reserve such right.
At the end of the stipulated period, defendants served an…
2Cases cited3 opinions
- Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
- Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
- Matter of Haupt v. RoseNew York Court of Appeals · 1934
3Cited by11 opinions
- Almacenes Fernandez, S. A. v. GolodetzCourt of Appeals for the Second Circuit · 1945
- H. M. Hamilton & Co. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1964
- Bank of Madison v. GraberCourt of Appeals for the Seventh Circuit · 1946
- Rusch Factors, Inc. v. Fairview Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1970
- Kalin Contracting Co. v. Picram Construction Corp.New York Supreme Court · 1958
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