Home/Appellate Division of the Supreme Court of New York/In re the Arbitration between Electronic & Missile Facilities, Inc. & Campbell

In re the Arbitration between Electronic & Missile Facilities, Inc. & Campbell

20 A.D.2d 891, 248 N.Y.S.2d 944, 1964 N.Y. App. Div. LEXIS 3907
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 30, 1964
StatusPublished
Cited by2 cases

This text of 20 A.D.2d 891 (In re the Arbitration between Electronic & Missile Facilities, Inc. & Campbell) 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 Electronic & Missile Facilities, Inc. & Campbell, 20 A.D.2d 891, 248 N.Y.S.2d 944, 1964 N.Y. App. Div. LEXIS 3907 (N.Y. Ct. App. 1964).

Opinion

Order, entered on August 13, 1963, granting petitioner-respondent’s motion to compel arbitration and appointing an arbitrator, unanimously reversed, on the law, without costs to any party, and the petition dismissed, with leave to petitioner to amend the petition to set forth a proper dispute and demand under the agreement in question. The executed written agreement providing for arbitration of “Any controversy or claim arising out of or relating to this agreement or the breach thereof” is sufficient to include questions of continued existence of the agreement itself (see 6 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 7501.23, 7503.02). However, the petition does not state the nature of any arbitrable dispute, as distinguished from asserting merely that there is a dispute. This is insufficient (see Matter of Unipak Aviation Corp. [Mantell], 20 Misc 2d 1078). Concur — Botein, P. J., Breitel, Yalente, Stevens and Eager, JJ.

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Related

In re the Arbitration between Avondale Mills & Majestic Carpet Mills, Inc., Div. of Celotex Corp.
89 Misc. 2d 1042 (New York Supreme Court, 1977)
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356 F.2d 690 (Second Circuit, 1966)

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Bluebook (online)
20 A.D.2d 891, 248 N.Y.S.2d 944, 1964 N.Y. App. Div. LEXIS 3907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-electronic-missile-facilities-inc-nyappdiv-1964.