Legal Opinion
In re the Arbitration between Kansas City & Marine Insurance
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: On petitioner’s motion to stay arbitration, the court erred in denying the motion and determining the dispute on the merits. Arbitration cannot be compelled and should be stayed where the subject matter of the dispute is not within the intent of the arbitration agreement (see, Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 7). When called upon to compel or stay arbitration, the court must always inquire whether the parties to an arbitration agreement have agreed to arbitrate the particular…
2Cases cited5 opinions
- Carey v. Westinghouse Electric Corp.Supreme Court of the United States · 1964
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Carey v. Westinghouse Electric Corp.New York Court of Appeals · 1962
- In re the Arbitration between Napolitano & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967
- Ross v. Webster Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by9 opinions
- In re Arbitration between Travelers Indemnity Co. & LevyAppellate Division of the Supreme Court of the State of New York · 1993
- Nationwide Mutual Insurance v. FigliomeniAppellate Division of the Supreme Court of the State of New York · 1989
- Prudential Property & Casualty Insurance v. CarletonAppellate Division of the Supreme Court of the State of New York · 1988
- Government Employees Insurance v. DePiettoAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Arbitration Between Graphic Arts Mutual Insurance & LenoAppellate Division of the Supreme Court of the State of New York · 1995
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