In re the Arbitration between Vogel & Lewis

New York Court of Appeals

In re the Arbitration between Vogel & Lewis

224 N.E.2d 738, 19 N.Y.2d 589, 278 N.Y.S.2d 236, 1967 N.Y. LEXIS 1831

New York Court of Appeals·Decided January 5, 1967·Published·Cited by 5 cases

Opinion

Order affirmed, with costs, in a memorandum: The order appealed from should be affirmed, with costs. We neither consider nor pass upon the merits of the dispute to be arbitrated. We decide only that, when viewed against the factual background of the case, the arbitration clause contained in the agreement between the parties encompasses the controversy which has arisen and that such controversy is a proper subject for arbitration. As directed in Special Term’s order of August 16, 1965, “ the arbitration * * * shall proceed forthwith in accordance with the agreement ”.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitbl.

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Order affirmed, with costs, in a memorandum: The order appealed from should be affirmed, with costs. We neither consider nor pass upon the merits of the dispute to be arbitrated. We decide only that, when viewed against the factual background of the case, the arbitration clause contained in the agreement between the parties encompasses the controversy which has arisen and that such controversy is a proper subject for arbitration. As directed in Special Term’s order of August 16, 1965, “ the arbitration * * * shall proceed forthwith in accordance with the agreement ”.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitbl.

In re the Arbitration between Vogel & Lewis, 224 N.E.2d 738, 19 N.Y.2d 589, 278 N.Y.S.2d 236, 1967 N.Y. LEXIS 1831 (N.Y. 1967).

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224 N.E.2d 738 (In re the Arbitration between Vogel & Lewis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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