Legal Opinion

Denihan v. Denihan

New York Court of Appeals

Decided June 6, 1974PublishedCited by 33 opinions

1Opinion of the CourtJasen, J.

In this proceeding to stay arbitration of certain disputes between shareholders of a close corporation, the issue is whether by commencing several actions against other parties to the shareholders’ agreement on causes arising therefrom, the respondent waived his right to arbitrate different issues arising under the same agreement.

In April, 1970, the parties executed a shareholders’ agreement defining certain rights and obligations of the shareholders of 3 Mitchell PL, Inc., a corporation which owns and operates the Beekman Tower Hotel in Manhattan. The agreement contains a broad arbitration…

2Cases cited3 opinions

  1. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  2. Par Plumbing Co. v. Oxford Hall Corp.New York Supreme Court · 1964
  3. In re Dandy Dress, Inc.New York Supreme Court · 1942

3Cited by33 opinions

  1. Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
  2. Charles J. Frank, Inc. v. Associated Jewish Charities of Baltimore, Inc.Court of Appeals of Maryland · 1982
  3. Roggio v. Nationwide Mutual InsuranceNew York Court of Appeals · 1985
  4. STANDARD CO., ETC. v. Elliott Const. Co., Inc.Supreme Court of Louisiana · 1978
  5. Mendelsohn v. A & D Catering Corp.Appellate Division of the Supreme Court of the State of New York · 1984

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