In re Perm-Aseptic Corp.

Appellate Division of the Supreme Court of New York

In re Perm-Aseptic Corp.

274 A.D. 895, 82 N.Y.S.2d 832, 1948 N.Y. App. Div. LEXIS 3938

Appellate Division of the Supreme Court of the State of New York·Decided October 11, 1948·Published

Opinion

Order denying appellant’s application for a stay of arbitration and directing that arbitration proceed in accordance with the rules of the American Arbitration Association for determination and award with respect to certain questions therein stated, reversed on the law, with $10 costs and disbursements, and appellant’s motion for a stay of the arbitration granted, with $10 costs. In our opinion the so-called arbitration clause in the agreement does not constitute an agreement to submit to arbitration the precise matters as to which arbitration was sought and directed. (Matter of Lehman v. Ostrovsky, 264 N. Y. 130; Finsilver, Still é Moss v. Goldberg, Maas & Co., 253 N. Y. 382, 390; Matter of Marchant v. Mead-Morrison Mfg. Co., 252 N. Y. 284, 299, 303; Matter of Kelley, 240 N. Y. 74, 78.) Carswell, Acting P. J., Johnston, Adel, Nolan and Sneed, JJ., concur. [See post, p. 943.]

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Order denying appellant’s application for a stay of arbitration and directing that arbitration proceed in accordance with the rules of the American Arbitration Association for determination and award with respect to certain questions therein stated, reversed on the law, with $10 costs and disbursements, and appellant’s motion for a stay of the arbitration granted, with $10 costs. In our opinion the so-called arbitration clause in the agreement does not constitute an agreement to submit to arbitration the precise matters as to which arbitration was sought and directed. (Matter of Lehman v. Ostrovsky, 264 N. Y. 130; Finsilver, Still é Moss v. Goldberg, Maas & Co., 253 N. Y. 382, 390; Matter of Marchant v. Mead-Morrison Mfg. Co., 252 N. Y. 284, 299, 303; Matter of Kelley, 240 N. Y. 74, 78.) Carswell, Acting P. J., Johnston, Adel, Nolan and Sneed, JJ., concur. [See post, p. 943.]

In re Perm-Aseptic Corp., 274 A.D. 895, 82 N.Y.S.2d 832, 1948 N.Y. App. Div. LEXIS 3938 (N.Y. Ct. App. 1948).

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Opinion

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