Carlington Sales Co. v. Zao Trade House IEC-Intorg

Appellate Division of the Supreme Court of New York

Carlington Sales Co. v. Zao Trade House IEC-Intorg

265 A.D.2d 258, 697 N.Y.S.2d 37, 1999 N.Y. App. Div. LEXIS 10898

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

DecidedOctober 28, 1999

StatusPublished

This text of 265 A.D.2d 258 (Carlington Sales Co. v. Zao Trade House IEC-Intorg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carlington Sales Co. v. Zao Trade House IEC-Intorg, 265 A.D.2d 258, 697 N.Y.S.2d 37, 1999 N.Y. App. Div. LEXIS 10898 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 19, 1998, which denied plaintiffs motion to vacate the court’s prior order staying all proceedings in this action and ordering the parties to proceed to arbitration, unanimously reversed, on the law, without costs, the order vacated and the matter remanded for a determination of applicable Canadian law on the issue of arbitrability pursuant to CPLR 4511 (c).

Inasmuch as the IAS Court has not made the findings required by CPLR 4511 (c), upon plaintiffs request that it take judicial notice of the applicable Canadian law on the issue of arbitrability, the matter is remanded for such determination. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Andrias, JJ.

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—Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 19, 1998, which denied plaintiffs motion to vacate the court’s prior order staying all proceedings in this action and ordering the parties to proceed to arbitration, unanimously reversed, on the law, without costs, the order vacated and the matter remanded for a determination of applicable Canadian law on the issue of arbitrability pursuant to CPLR 4511 (c).

Inasmuch as the IAS Court has not made the findings required by CPLR 4511 (c), upon plaintiffs request that it take judicial notice of the applicable Canadian law on the issue of arbitrability, the matter is remanded for such determination. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Andrias, JJ.

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Bluebook (online)

265 A.D.2d 258, 697 N.Y.S.2d 37, 1999 N.Y. App. Div. LEXIS 10898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlington-sales-co-v-zao-trade-house-iec-intorg-nyappdiv-1999.