In re the Arbitration between Rapid-American Corp. & Quinn

Appellate Division of the Supreme Court of New York

In re the Arbitration between Rapid-American Corp. & Quinn

8 A.D.2d 802, 188 N.Y.S.2d 279, 1959 N.Y. App. Div. LEXIS 7849

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

DecidedJune 23, 1959

StatusPublished

This text of 8 A.D.2d 802 (In re the Arbitration between Rapid-American Corp. & Quinn) 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 Rapid-American Corp. & Quinn, 8 A.D.2d 802, 188 N.Y.S.2d 279, 1959 N.Y. App. Div. LEXIS 7849 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order denying stay of arbitration unanimously reversed on the facts and on the law, with $20 costs and disbursements to the appellant, and the motion is granted, with $10 costs. As a matter of law, the contract of employment which contained the arbitration clause was a hiring at will. The relief sought by the respondent is damages flowing from his discharge. Since the dispute does not arise within the frame of the contract or any alleged breach thereof, but rather from the consequences of its termination, otherwise lawful under the written agreement by respondent’s discharge, it is not arbitrable. Concur — Breitel, J. P., Rabin, M. M. Prank, McNally and Stevens, JJ.

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Order denying stay of arbitration unanimously reversed on the facts and on the law, with $20 costs and disbursements to the appellant, and the motion is granted, with $10 costs. As a matter of law, the contract of employment which contained the arbitration clause was a hiring at will. The relief sought by the respondent is damages flowing from his discharge. Since the dispute does not arise within the frame of the contract or any alleged breach thereof, but rather from the consequences of its termination, otherwise lawful under the written agreement by respondent’s discharge, it is not arbitrable. Concur — Breitel, J. P., Rabin, M. M. Prank, McNally and Stevens, JJ.

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Bluebook (online)

8 A.D.2d 802, 188 N.Y.S.2d 279, 1959 N.Y. App. Div. LEXIS 7849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-rapid-american-corp-quinn-nyappdiv-1959.