In re the Arbitration between First National Oil Corp. & Arrieta

Appellate Division of the Supreme Court of New York

In re the Arbitration between First National Oil Corp. & Arrieta

4 A.D.2d 782, 165 N.Y.S.2d 132, 1957 N.Y. App. Div. LEXIS 4746

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

DecidedJuly 15, 1957

StatusPublished

This text of 4 A.D.2d 782 (In re the Arbitration between First National Oil Corp. & Arrieta) 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 First National Oil Corp. & Arrieta, 4 A.D.2d 782, 165 N.Y.S.2d 132, 1957 N.Y. App. Div. LEXIS 4746 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an arbitration proceeding, the appeal is from an order denying appellant’s motion to examine respondents as adverse parties, and for the production of books and papers pursuant to article 29 of the Civil Practice Act and rule 121 et seq. of the Rules of Civil Practice, and vacating a stay of proceedings. Order affirmed, with $10 costs and disbursements. Although we do not agree that the authority of the arbitrators was limited by our former determination (Matter of First Nat. Oil Corp. [Arrieta], 2 A D 2d 590) to reconsideration of the question of damages, we find no improper exercise of discretion at the Special Term in the denial of the motion. (Cf. Matter of Katz [Burkin], 3 A D 2d 238.) Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an arbitration proceeding, the appeal is from an order denying appellant’s motion to examine respondents as adverse parties, and for the production of books and papers pursuant to article 29 of the Civil Practice Act and rule 121 et seq. of the Rules of Civil Practice, and vacating a stay of proceedings. Order affirmed, with $10 costs and disbursements. Although we do not agree that the authority of the arbitrators was limited by our former determination (Matter of First Nat. Oil Corp. [Arrieta], 2 A D 2d 590) to reconsideration of the question of damages, we find no improper exercise of discretion at the Special Term in the denial of the motion. (Cf. Matter of Katz [Burkin], 3 A D 2d 238.) Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

4 A.D.2d 782, 165 N.Y.S.2d 132, 1957 N.Y. App. Div. LEXIS 4746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-first-national-oil-corp-arrieta-nyappdiv-1957.