In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.

283 A.D. 705, 128 N.Y.S.2d 567, 1954 N.Y. App. Div. LEXIS 5006

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

DecidedFebruary 16, 1954

StatusPublished

This text of 283 A.D. 705 (In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.) 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 Helen Whiting, Inc. & Trojan Textile Corp., 283 A.D. 705, 128 N.Y.S.2d 567, 1954 N.Y. App. Div. LEXIS 5006 (N.Y. Ct. App. 1954).

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Opinion

— Order affirmed, with $20 costs and disbursements to the respondent. Ro opinion. Present — Peck, P. J., Dore, Cohn, Breitel and Bastow, JJ.; Dore and Cohn, JJ., dissent and vote to reverse in the following memorandum: On the facts adduced, we think there was no enforcible written contract to arbitrate, no partial delivery, and that section 85 of the Personal Property Law applies. Accordingly we dissent and vote to reverse the order appealed from directing petitioner, buyer, to proceed to arbitration and denying petitioner’s motion for a stay, and vote to grant petitioner’s motion.

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— Order affirmed, with $20 costs and disbursements to the respondent. Ro opinion. Present — Peck, P. J., Dore, Cohn, Breitel and Bastow, JJ.; Dore and Cohn, JJ., dissent and vote to reverse in the following memorandum: On the facts adduced, we think there was no enforcible written contract to arbitrate, no partial delivery, and that section 85 of the Personal Property Law applies. Accordingly we dissent and vote to reverse the order appealed from directing petitioner, buyer, to proceed to arbitration and denying petitioner’s motion for a stay, and vote to grant petitioner’s motion.

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Bluebook (online)

283 A.D. 705, 128 N.Y.S.2d 567, 1954 N.Y. App. Div. LEXIS 5006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-helen-whiting-inc-trojan-textile-corp-nyappdiv-1954.