In re the Arbitration between Mott Gardens, Inc. & Prudential Lumber Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Mott Gardens, Inc. & Prudential Lumber Corp.

284 A.D. 988, 136 N.Y.S.2d 379, 1954 N.Y. App. Div. LEXIS 4323

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

DecidedNovember 29, 1954

StatusPublished

This text of 284 A.D. 988 (In re the Arbitration between Mott Gardens, Inc. & Prudential Lumber 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 Mott Gardens, Inc. & Prudential Lumber Corp., 284 A.D. 988, 136 N.Y.S.2d 379, 1954 N.Y. App. Div. LEXIS 4323 (N.Y. Ct. App. 1954).

Pincite

Opinion

In a proceeding to stay arbitration, it appears that a writing was signed by both parties in respect of the sale and purchase of lumber, and that the writing states near its beginning that the transaction is " subject to the terms and conditions contained on the back hereof ”. Included on the back is a provision for arbitration of disputes. The [989]*989buyer seeks a stay of arbitration on the ground that the writing, although signed, does not constitute a contract because of fraud, mutual mistake, lack of consideration, lack of mutuality. Order denying application to stay arbitration affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MaeCrate, Beldock and Murphy, JJ., concur.

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In a proceeding to stay arbitration, it appears that a writing was signed by both parties in respect of the sale and purchase of lumber, and that the writing states near its beginning that the transaction is " subject to the terms and conditions contained on the back hereof ”. Included on the back is a provision for arbitration of disputes. The [989]*989buyer seeks a stay of arbitration on the ground that the writing, although signed, does not constitute a contract because of fraud, mutual mistake, lack of consideration, lack of mutuality. Order denying application to stay arbitration affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P. J., Wenzel, MaeCrate, Beldock and Murphy, JJ., concur.

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Bluebook (online)

284 A.D. 988, 136 N.Y.S.2d 379, 1954 N.Y. App. Div. LEXIS 4323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-mott-gardens-inc-prudential-lumber-corp-nyappdiv-1954.