In re the Arbitration between Peltzer, & Fils, S. A. & Ben H. Aronson & Son, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Peltzer, & Fils, S. A. & Ben H. Aronson & Son, Inc.

283 A.D. 1055, 131 N.Y.S.2d 890, 1954 N.Y. App. Div. LEXIS 6295

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

DecidedJune 21, 1954

StatusPublished

This text of 283 A.D. 1055 (In re the Arbitration between Peltzer, & Fils, S. A. & Ben H. Aronson & Son, Inc.) 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 Peltzer, & Fils, S. A. & Ben H. Aronson & Son, Inc., 283 A.D. 1055, 131 N.Y.S.2d 890, 1954 N.Y. App. Div. LEXIS 6295 (N.Y. Ct. App. 1954).

Pincite

Opinion

Order unanimously reversed. Respondent is directed to proceed to arbitration and stayed from proceeding with its counterclaim in the Municipal Court action. The Municipal Court action was brought on an October, 1952, contract between the parties, while the arbitration is sought on an April, 1953, contract. Furthermore, the arbitration proceeding was commenced before the court action was instituted. The contract dated April 28, 1953, containing an arbitration clause, is still effective, since the May 16, 1953, document tendered to respondent was, by its own admission, unreservedly rejected. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.

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Order unanimously reversed. Respondent is directed to proceed to arbitration and stayed from proceeding with its counterclaim in the Municipal Court action. The Municipal Court action was brought on an October, 1952, contract between the parties, while the arbitration is sought on an April, 1953, contract. Furthermore, the arbitration proceeding was commenced before the court action was instituted. The contract dated April 28, 1953, containing an arbitration clause, is still effective, since the May 16, 1953, document tendered to respondent was, by its own admission, unreservedly rejected. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.

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Bluebook (online)

283 A.D. 1055, 131 N.Y.S.2d 890, 1954 N.Y. App. Div. LEXIS 6295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-peltzer-fils-s-a-ben-h-aronson-nyappdiv-1954.