Home/Appellate Division of the Supreme Court of New York/In re the Arbitration between Amerotron Corp. & Maxwell Shapiro Woolen Co.

In re the Arbitration between Amerotron Corp. & Maxwell Shapiro Woolen Co.

3 A.D.2d 899, 162 N.Y.S.2d 214, 1957 N.Y. App. Div. LEXIS 5500
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 14, 1957
StatusPublished
Cited by4 cases

This text of 3 A.D.2d 899 (In re the Arbitration between Amerotron Corp. & Maxwell Shapiro Woolen Co.) 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 the Arbitration between Amerotron Corp. & Maxwell Shapiro Woolen Co., 3 A.D.2d 899, 162 N.Y.S.2d 214, 1957 N.Y. App. Div. LEXIS 5500 (N.Y. Ct. App. 1957).

Opinion

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. By all of its actions respecting its claim of fraud inducing the contract, including its complaint in the Massachusetts action, respondent failed to rescind the contract and elected to recognize the contract and claim damages for the fraud. Such a claim was arbitrable and should have been arbitrated under the contract. There is no basis for relieving respondent of its deliberate default in the arbitration proceeding, and there is no surviving question as to the existence of the contract. Settle order on notice. Concur — Peck, P. J., Breitel, Botein, Rabin and Bergan, JJ.

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

Related

In the Matter of the Petition of Kinoshita & Co., Ltd. And Kinoshita & Co., Ltd., USA as Charterer and Agent, for an Order Directing American Oceanic Corporation, as Owner or Chartered Owner of a Vessel to Be Named, to Proceed to Arbitration in Accordance With the Terms of Its Written Agreement
287 F.2d 951 (Second Circuit, 1961)
In re Kinoshita & Co.
287 F.2d 951 (Second Circuit, 1961)
Lummus Company v. Commonwealth Oil Refining Company, Inc., (Three Cases)
280 F.2d 915 (First Circuit, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
3 A.D.2d 899, 162 N.Y.S.2d 214, 1957 N.Y. App. Div. LEXIS 5500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-amerotron-corp-maxwell-shapiro-woolen-co-nyappdiv-1957.