In re Arbitration between Lynx Corp. & Finecraft Clothes

Appellate Division of the Supreme Court of New York

In re Arbitration between Lynx Corp. & Finecraft Clothes

285 A.D. 1047, 140 N.Y.S.2d 311, 1955 N.Y. App. Div. LEXIS 6625

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

DecidedApril 26, 1955

StatusPublished

This text of 285 A.D. 1047 (In re Arbitration between Lynx Corp. & Finecraft Clothes) 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

In re Arbitration between Lynx Corp. & Finecraft Clothes, 285 A.D. 1047, 140 N.Y.S.2d 311, 1955 N.Y. App. Div. LEXIS 6625 (N.Y. Ct. App. 1955).

Pincite

Opinion

The action sought to be stayed, although sounding in fraud, is based upon the contract. Therefore the arbitration clause is applicable. Furthermore the present objection to arbitration should have been raised at the time the prior objection was passed on and arbitration directed. No appeal was taken from that direction, which concludes the matter. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Bastow and Botein, JJ.

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The action sought to be stayed, although sounding in fraud, is based upon the contract. Therefore the arbitration clause is applicable. Furthermore the present objection to arbitration should have been raised at the time the prior objection was passed on and arbitration directed. No appeal was taken from that direction, which concludes the matter. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Settle order on notice. Present — Peck, P. J., Cohn, Callahan, Bastow and Botein, JJ.

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Bluebook (online)

285 A.D. 1047, 140 N.Y.S.2d 311, 1955 N.Y. App. Div. LEXIS 6625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arbitration-between-lynx-corp-finecraft-clothes-nyappdiv-1955.