Legal Opinion

Short v. National Sport Fashions, Inc.

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

Decided June 5, 1942PublishedCited by 11 opinions

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

  1. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  2. Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
  3. Matter of Haupt v. RoseNew York Court of Appeals · 1934

3Cited by11 opinions

  1. Almacenes Fernandez, S. A. v. GolodetzCourt of Appeals for the Second Circuit · 1945
  2. H. M. Hamilton & Co. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1964
  3. Bank of Madison v. GraberCourt of Appeals for the Seventh Circuit · 1946
  4. Rusch Factors, Inc. v. Fairview Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1970
  5. Kalin Contracting Co. v. Picram Construction Corp.New York Supreme Court · 1958

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