Legal Opinion

In re the Arbitration between P. J. Carlin Construction Co.

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

Decided June 9, 1952PublishedCited by 6 opinions

1Opinion of the Court

— Appeal from an order which denied petitioners’ motion (1) to direct that arbitration proceed as provided for in a contract between the parties and (2) to stay all proceedings on the part of respondent and its attorney until arbitration shall have been had. Order reversed on the law, with $10 costs and disbursements, and motion to compel arbitration granted, with $10 costs. On motions of the nature under consideration, the only questions which the court is authorized to consider are: (1) Whether there is in fact a dispute; (2) whether there is a contract to arbitrate, and (3) whether there…

2Cases cited1 opinion

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942

3Cited by6 opinions

  1. Dot's Boulevard Corp. v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1955
  2. Bartley Bros. Construction Corp. v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1952
  3. In re the Arbitration between Transpacific Transport Corp. & Sirena Shipping Co., S. A.New York Supreme Court · 1959
  4. Kalin Contracting Co. v. Picram Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1959
  5. In re the Arbitration between Horowitz Bros. & Margareten & MisherNew York Supreme Court · 1961

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