Hamilton Stone, Inc. v. National Cash Register Corp.

Appellate Division of the Supreme Court of New York

Hamilton Stone, Inc. v. National Cash Register Corp.

99 A.D.2d 480, 470 N.Y.S.2d 418, 1984 N.Y. App. Div. LEXIS 16667

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

DecidedJanuary 9, 1984

StatusPublished

Cited by1 cases

This text of 99 A.D.2d 480 (Hamilton Stone, Inc. v. National Cash Register Corp.) 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

Hamilton Stone, Inc. v. National Cash Register Corp., 99 A.D.2d 480, 470 N.Y.S.2d 418, 1984 N.Y. App. Div. LEXIS 16667 (N.Y. Ct. App. 1984).

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Opinion

In an action to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Nassau County (Meade, J.), dated October 22, 1982, which granted defendant’s motion to stay the action and compel arbitration. Order affirmed, with costs. Public policy does not bar arbitration of a dispute arising out of a contract alleged to be unconscionable (see Matter of Granite Worsted Mills [Aronson Cowen, Ltd.], 25 NY2d 451, 457; Matter of Riccardi [Modern Silver Linen Supply Co.], 45 AD2d 191, 196, affd 36 NY2d 945). Plaintiff has raised no factual issue regarding the existence of a binding agreement to arbitrate which would entitle it to an immediate trial on that question (see Grossman v Laurence Handprints, N. J., 90 AD2d 95, 101). Further, because plaintiff has not raised such a factual threshold issue, any question regarding validity of the contract as a whole or the limitation of damages clause therein must be determined by the arbitrator (see Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 6-7; Matter of Weinrott [Carp], 32 NY2d 190, 198). Accordingly, the parties were properly directed to proceed to arbitration. Titone, J. P., Gibbons, Bracken and Rubin, JJ., concur.

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In an action to recover damages for breach of contract, plaintiff appeals from an order of the Supreme Court, Nassau County (Meade, J.), dated October 22, 1982, which granted defendant’s motion to stay the action and compel arbitration. Order affirmed, with costs. Public policy does not bar arbitration of a dispute arising out of a contract alleged to be unconscionable (see Matter of Granite Worsted Mills [Aronson Cowen, Ltd.], 25 NY2d 451, 457; Matter of Riccardi [Modern Silver Linen Supply Co.], 45 AD2d 191, 196, affd 36 NY2d 945). Plaintiff has raised no factual issue regarding the existence of a binding agreement to arbitrate which would entitle it to an immediate trial on that question (see Grossman v Laurence Handprints, N. J., 90 AD2d 95, 101). Further, because plaintiff has not raised such a factual threshold issue, any question regarding validity of the contract as a whole or the limitation of damages clause therein must be determined by the arbitrator (see Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 6-7; Matter of Weinrott [Carp], 32 NY2d 190, 198). Accordingly, the parties were properly directed to proceed to arbitration. Titone, J. P., Gibbons, Bracken and Rubin, JJ., concur.

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Bluebook (online)

99 A.D.2d 480, 470 N.Y.S.2d 418, 1984 N.Y. App. Div. LEXIS 16667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-stone-inc-v-national-cash-register-corp-nyappdiv-1984.

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