Home/New York Supreme Court/Guerra v. Richard G. Krueger Corp.

Guerra v. Richard G. Krueger Corp.

4 Misc. 2d 696, 150 N.Y.S.2d 759, 1956 N.Y. Misc. LEXIS 1979
CourtNew York Supreme Court
DecidedApril 4, 1956
StatusPublished
Cited by8 cases

This text of 4 Misc. 2d 696 (Guerra v. Richard G. Krueger Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guerra v. Richard G. Krueger Corp., 4 Misc. 2d 696, 150 N.Y.S.2d 759, 1956 N.Y. Misc. LEXIS 1979 (N.Y. Super. Ct. 1956).

Opinion

Matthew M. Levy, J.

Although not objecting to arbitration as such, the plaintiff opposes the stay applied for by the defendant solely because the defendant (while seeking the stay of the action at law) has not requested or consented to the arbitration.

The contention is without merit. It is apparent that the plaintiff sues upon and is bound by the terms of the collective agreement. It provides for arbitration. Having contractually selected such a tribunal, the parties are relegated to it. If both parties desire to arbitrate, they may do so by consent. If not, and the plaintiff is still aggrieved, he himself may institute arbitration proceedings in accordance with the terms of the agreement. He cannot compel the defendant to set the arbitration machinery in motion.

Accordingly, the application by the defendant for an order staying this action and all proceedings therein until arbitration be had between the parties is granted (Civ. Prac. Act, § 1451).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gold Coast Mall, Inc. v. Larmar Corp.
468 A.2d 91 (Court of Appeals of Maryland, 1983)
Johnson v. Fireman's Fund Insurance Co.
272 N.W.2d 870 (Supreme Court of Iowa, 1978)
King Records, Inc. v. Brown
21 A.D.2d 593 (Appellate Division of the Supreme Court of New York, 1964)
In re the Arbitration between New York Central Railroad & Erie Railroad
30 Misc. 2d 362 (New York Supreme Court, 1961)
Simon v. Vogel
9 A.D.2d 63 (Appellate Division of the Supreme Court of New York, 1959)
In re the Arbitration between Eimco Corp. & Deering, Milliken & Co.
6 Misc. 2d 422 (New York Supreme Court, 1957)
Klein Coat Corp. v. Peretz
4 Misc. 2d 341 (New York Supreme Court, 1956)

Cite This Page — Counsel Stack

Bluebook (online)
4 Misc. 2d 696, 150 N.Y.S.2d 759, 1956 N.Y. Misc. LEXIS 1979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerra-v-richard-g-krueger-corp-nysupct-1956.