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In Re the Arbitration Between Broadway-40th Street Corp. & President & Directors of Manhattan Co.

71 N.E.2d 451, 296 N.Y. 165, 1947 N.Y. LEXIS 961
CourtNew York Court of Appeals
DecidedJanuary 16, 1947
StatusPublished
Cited by11 cases

This text of 71 N.E.2d 451 (In Re the Arbitration Between Broadway-40th Street Corp. & President & Directors of Manhattan Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals 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 Broadway-40th Street Corp. & President & Directors of Manhattan Co., 71 N.E.2d 451, 296 N.Y. 165, 1947 N.Y. LEXIS 961 (N.Y. 1947).

Opinion

Per Curiam.

Section 1460 of the Civil Practice Act provides that an arbitration award, to be entitled to enforcement under article 84 of the Civil Practice Act, must be subscribed by the arbitrators “ within the time limited in the submission or contract, if any ”. In the present case it is undisputed that no steps initiating arbitration were taken until after expiration of the dates specified in the lease provision for the making of the arbitration award, and there is no claim that the parties agreed to extend the time for rendering the award or that the objection was waived. No valid award could be made in such circumstances, and petitioner therefore is not entitled to an order directing arbitration (cf. Johnson v. Crawford, 212 Pa. 502; Brotherhood of Railway & Steamship Clerks v. Norfolk Southern Ry. Co., 143 F. 2d 1015; Sturges, Commercial Arbitrations and Awards, p. 523). We agree with the Appellate Division that section 1452 of the Civil Practice Act has no application where, as here, the contractual provisions for arbitration have expired by their own terms.

The order should be affirmed, with costs.

Loughean, Oh. J., Lewis, Conway, Desmond, Thacheb, Dye and Fttld, JJ., concur.

Order affirmed.

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Bluebook (online)
71 N.E.2d 451, 296 N.Y. 165, 1947 N.Y. LEXIS 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-broadway-40th-street-corp-president-ny-1947.