In re the Arbitration between Bendix Aviation Corp. & Reggio

Appellate Division of the Supreme Court of New York

In re the Arbitration between Bendix Aviation Corp. & Reggio

277 A.D.2d 1025

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

DecidedNovember 14, 1950

StatusPublished

This text of 277 A.D.2d 1025 (In re the Arbitration between Bendix Aviation Corp. & Reggio) 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 Bendix Aviation Corp. & Reggio, 277 A.D.2d 1025 (N.Y. Ct. App. 1950).

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Opinion

Judgment reversed, with costs to the appellant, unless the parties stipulate to limit the award to the control devices involving Reggio’s inventions which were before the arbitrator and on which the arbitrator directed royalties to be paid. In the event of the failure of the parties so to stipulate, the matter is remitted to the same arbitrator for clarification of his award. We agree with the view expressed by Special Term that the arbitrator did not pass upon the question whether any obligation existed for payment of royalties upon sales by Pratt & Whitney. Present — Glennon,-J. P., Dore, Cohn, Callahan and Shientag, JJ.; Glennon, J., dissents and votes to affirm. Settle order on notice.

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Judgment reversed, with costs to the appellant, unless the parties stipulate to limit the award to the control devices involving Reggio’s inventions which were before the arbitrator and on which the arbitrator directed royalties to be paid. In the event of the failure of the parties so to stipulate, the matter is remitted to the same arbitrator for clarification of his award. We agree with the view expressed by Special Term that the arbitrator did not pass upon the question whether any obligation existed for payment of royalties upon sales by Pratt & Whitney. Present — Glennon,-J. P., Dore, Cohn, Callahan and Shientag, JJ.; Glennon, J., dissents and votes to affirm. Settle order on notice.

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277 A.D.2d 1025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-bendix-aviation-corp-reggio-nyappdiv-1950.