In re the Arbitration between Vogel & Simon

Appellate Division of the Supreme Court of New York

In re the Arbitration between Vogel & Simon

13 A.D.2d 725, 214 N.Y.S.2d 36, 1961 N.Y. App. Div. LEXIS 11112

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

DecidedMay 4, 1961

StatusPublished

This text of 13 A.D.2d 725 (In re the Arbitration between Vogel & Simon) 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 Vogel & Simon, 13 A.D.2d 725, 214 N.Y.S.2d 36, 1961 N.Y. App. Div. LEXIS 11112 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order entered on November 9, 1960, granting petitioners’ motion to compel arbitration unanimously reversed, on the law and on the facts, and the petition dismissed, without costs to either party. It is evident from the record, confirmed by present concession of counsel on the argument, that the matters in dispute between the parties are, at this stage of the proceedings, exclusively for the determination of the arbitrators. The parties, although purporting to be ready to proceed .to arbitration, have been insistent upon obtaining review from the court, in advance of arbitration, of the area in which the arbitrators are to exercise their, jurisdiction. This [726]*726ig improper (cf. Matter of Transpacific Transp. Corp. [Sirena Shipping Co.], 9 A D 2d 316, 320, affd. 8 N Y 2d 1048). Concur -—Breitel, J. P., Rabin, Valente, McNally and Bastow, JJ.

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Order entered on November 9, 1960, granting petitioners’ motion to compel arbitration unanimously reversed, on the law and on the facts, and the petition dismissed, without costs to either party. It is evident from the record, confirmed by present concession of counsel on the argument, that the matters in dispute between the parties are, at this stage of the proceedings, exclusively for the determination of the arbitrators. The parties, although purporting to be ready to proceed .to arbitration, have been insistent upon obtaining review from the court, in advance of arbitration, of the area in which the arbitrators are to exercise their, jurisdiction. This [726]*726ig improper (cf. Matter of Transpacific Transp. Corp. [Sirena Shipping Co.], 9 A D 2d 316, 320, affd. 8 N Y 2d 1048). Concur -—Breitel, J. P., Rabin, Valente, McNally and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 725, 214 N.Y.S.2d 36, 1961 N.Y. App. Div. LEXIS 11112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-vogel-simon-nyappdiv-1961.