In re the Arbitration between Costanzi & Costanzi

Appellate Division of the Supreme Court of New York

In re the Arbitration between Costanzi & Costanzi

3 A.D.2d 921, 163 N.Y.S.2d 950, 1957 N.Y. App. Div. LEXIS 5515

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

DecidedMay 13, 1957

StatusPublished

This text of 3 A.D.2d 921 (In re the Arbitration between Costanzi & Costanzi) 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 Costanzi & Costanzi, 3 A.D.2d 921, 163 N.Y.S.2d 950, 1957 N.Y. App. Div. LEXIS 5515 (N.Y. Ct. App. 1957).

Pincite

Opinion

Appeal from an order directing appellant to proceed to arbitration and denying a stay of arbitration pending determination of an action brought by appellant to rescind the agreement among the parties, whereby appellant sold his interest in the respondent corporation, a construction contractor, and agreed not to compete therewith [922]*922for 5 years within a radius of 15 miles of the city of Poughkeepsie. Rescission is sought in said action upon the grounds that (1) respondents have breached the agreement, (2) it is unenforcible for lack of consideration, and (3) the restrictive covenant is void for being an undue restraint of trade. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Appeal from an order directing appellant to proceed to arbitration and denying a stay of arbitration pending determination of an action brought by appellant to rescind the agreement among the parties, whereby appellant sold his interest in the respondent corporation, a construction contractor, and agreed not to compete therewith [922]*922for 5 years within a radius of 15 miles of the city of Poughkeepsie. Rescission is sought in said action upon the grounds that (1) respondents have breached the agreement, (2) it is unenforcible for lack of consideration, and (3) the restrictive covenant is void for being an undue restraint of trade. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

3 A.D.2d 921, 163 N.Y.S.2d 950, 1957 N.Y. App. Div. LEXIS 5515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-costanzi-costanzi-nyappdiv-1957.