In re Ernest Zobel Co.

Appellate Division of the Supreme Court of New York

In re Ernest Zobel Co.

241 A.D. 699

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1934·Published

Opinion

Order reversed on the law and the facts, with ten dollars costs and disbursements, and the matter remitted to Special Term, where the parties may proceed as they are advised — on the ground that a question of fact exists as to whether the contracts containing the arbitration clause ever became effective and operative by any substantial performance, on the part of the parties, of the provisions and conditions therein contained. The disputed question of whether or not these contracts became effective and enforeible agreements must first be decided by the court at Special Term before the parties may be directed to proceed with an arbitration. Young, Kapper, Hagarty, Carswell and Davis, JJ., concur.

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Order reversed on the law and the facts, with ten dollars costs and disbursements, and the matter remitted to Special Term, where the parties may proceed as they are advised — on the ground that a question of fact exists as to whether the contracts containing the arbitration clause ever became effective and operative by any substantial performance, on the part of the parties, of the provisions and conditions therein contained. The disputed question of whether or not these contracts became effective and enforeible agreements must first be decided by the court at Special Term before the parties may be directed to proceed with an arbitration. Young, Kapper, Hagarty, Carswell and Davis, JJ., concur.

In re Ernest Zobel Co., 241 A.D. 699 (N.Y. Ct. App. 1934).

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241 A.D. 699 (In re Ernest Zobel Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.