In re the Arbitration between Travelers Inc. & GE Capital Mortgage Corp.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Travelers Inc. & GE Capital Mortgage Corp.

211 A.D.2d 522, 621 N.Y.S.2d 562

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

DecidedJanuary 19, 1995

StatusPublished

Cited by2 cases

This text of 211 A.D.2d 522 (In re the Arbitration between Travelers Inc. & GE Capital Mortgage 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 Travelers Inc. & GE Capital Mortgage Corp., 211 A.D.2d 522, 621 N.Y.S.2d 562 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered June 9, 1994, which, inter alia, granted petitioners’ application for a permanent stay of arbitration, unanimously affirmed, with costs.

There is no arbitration clause in the Stock Purchase Agreement under which arbitration is sought. The mere reference to a separate indemnity agreement, executed by petitioners only, may not be relied upon by respondents to compel arbitration under the Stock Purchase Agreement. Arbitration will only be compelled where the parties have expressly agreed to arbitrate in clear and unequivocal language and will not be directed where arbitration is sought by implication (Matter of Waldron [Goddess], 61 NY2d 181, 183-184). Concur—Ellerin, J. P., Ross, Williams and Tom, JJ.

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Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered June 9, 1994, which, inter alia, granted petitioners’ application for a permanent stay of arbitration, unanimously affirmed, with costs.

There is no arbitration clause in the Stock Purchase Agreement under which arbitration is sought. The mere reference to a separate indemnity agreement, executed by petitioners only, may not be relied upon by respondents to compel arbitration under the Stock Purchase Agreement. Arbitration will only be compelled where the parties have expressly agreed to arbitrate in clear and unequivocal language and will not be directed where arbitration is sought by implication (Matter of Waldron [Goddess], 61 NY2d 181, 183-184). Concur—Ellerin, J. P., Ross, Williams and Tom, JJ.

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Bluebook (online)

211 A.D.2d 522, 621 N.Y.S.2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-travelers-inc-ge-capital-mortgage-corp-nyappdiv-1995.

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