In re the Arbitration between McGovern & Janel's Music Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between McGovern & Janel's Music Corp.

18 A.D.2d 897, 237 N.Y.S.2d 799, 1963 N.Y. App. Div. LEXIS 4360

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

DecidedFebruary 19, 1963

StatusPublished

This text of 18 A.D.2d 897 (In re the Arbitration between McGovern & Janel's Music 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 McGovern & Janel's Music Corp., 18 A.D.2d 897, 237 N.Y.S.2d 799, 1963 N.Y. App. Div. LEXIS 4360 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order entered on September 13, 1962, directing a trial on petitioners-respondents’ motion to stay arbitration proceedings, unanimously reversed on the law and the facts, with $20 costs and disbursements to respondent-appellant, and the motion denied. Petitioners’ appearances before the arbitrators and participation in the proceedings bar them from questioning the existence of a contract to arbitrate, such participation being other than merely by way of objection to the arbi[898]*898trator’s jurisdiction (Civ. Prac. Act, § 1458; Matter of National Cash Register Co. [Wilson], 8 N Y 2d 377, 382-383; cf. Matter of De Laurentis [Cinematografica], 9 N Y 2d 503, 508-509). Concur - Botein, P. J., Breitel, Yalente, Steuer and Bastow, JJ.

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Order entered on September 13, 1962, directing a trial on petitioners-respondents’ motion to stay arbitration proceedings, unanimously reversed on the law and the facts, with $20 costs and disbursements to respondent-appellant, and the motion denied. Petitioners’ appearances before the arbitrators and participation in the proceedings bar them from questioning the existence of a contract to arbitrate, such participation being other than merely by way of objection to the arbi[898]*898trator’s jurisdiction (Civ. Prac. Act, § 1458; Matter of National Cash Register Co. [Wilson], 8 N Y 2d 377, 382-383; cf. Matter of De Laurentis [Cinematografica], 9 N Y 2d 503, 508-509). Concur - Botein, P. J., Breitel, Yalente, Steuer and Bastow, JJ.

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Bluebook (online)

18 A.D.2d 897, 237 N.Y.S.2d 799, 1963 N.Y. App. Div. LEXIS 4360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-mcgovern-janels-music-corp-nyappdiv-1963.