Edward C. Flaherty Co. v. Lizza & Sons, Inc.

Appellate Division of the Supreme Court of New York

Edward C. Flaherty Co. v. Lizza & Sons, Inc.

10 A.D.2d 854, 201 N.Y.S.2d 495, 1960 N.Y. App. Div. LEXIS 10827

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

DecidedApril 4, 1960

StatusPublished

This text of 10 A.D.2d 854 (Edward C. Flaherty Co. v. Lizza & Sons, Inc.) 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

Edward C. Flaherty Co. v. Lizza & Sons, Inc., 10 A.D.2d 854, 201 N.Y.S.2d 495, 1960 N.Y. App. Div. LEXIS 10827 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover a balance due for the rental of certain machinery and equipment, and for other relief, the appeal is from an order denying appellant’s motion for a stay of the action, pending arbitration, made on the ground that there was a binding arbitration contract between the parties. The Special Term found, after a hearing, that appellant had never accepted the arbitration clause printed on the reverse side of the rental agreements sent by respondent to appellant, despite the receipt and retention thereof without objection by appellant. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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In an action to recover a balance due for the rental of certain machinery and equipment, and for other relief, the appeal is from an order denying appellant’s motion for a stay of the action, pending arbitration, made on the ground that there was a binding arbitration contract between the parties. The Special Term found, after a hearing, that appellant had never accepted the arbitration clause printed on the reverse side of the rental agreements sent by respondent to appellant, despite the receipt and retention thereof without objection by appellant. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Bluebook (online)

10 A.D.2d 854, 201 N.Y.S.2d 495, 1960 N.Y. App. Div. LEXIS 10827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-c-flaherty-co-v-lizza-sons-inc-nyappdiv-1960.