Judson Realty, Inc. v. First Park Associates, L. P.

Appellate Division of the Supreme Court of New York

Judson Realty, Inc. v. First Park Associates, L. P.

164 A.D.2d 767

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

DecidedAugust 2, 1990

StatusPublished

This text of 164 A.D.2d 767 (Judson Realty, Inc. v. First Park Associates, L. P.) 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.

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Judson Realty, Inc. v. First Park Associates, L. P., 164 A.D.2d 767 (N.Y. Ct. App. 1990).

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Opinion

Appeal from an order of the Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about September 13, 1988, granting the motion of third-party defendant Huberth & Peters, Inc. to compel arbitration and denying plaintiff’s cross motion to stay arbitration, dismissed as moot, without costs.

Subsequent to the order denying its motion to stay the arbitration, plaintiff entered into an agreement consenting to arbitrate. It did not seek to stay the court’s order pending appeal or indicate in any way that its execution of the agreement was under protest. Thus, plaintiff has voluntarily committed itself to arbitrate its dispute regardless of the outcome of this appeal. Under these circumstances, the appeal from the order compelling arbitration has been rendered moot. (See, Matter of Hearst Corp. v Clyne, 50 NY2d 707.) Concur—Ross, J. P., Milonas, Rosenberger, Kassal and Rubin, JJ.

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Appeal from an order of the Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about September 13, 1988, granting the motion of third-party defendant Huberth & Peters, Inc. to compel arbitration and denying plaintiff’s cross motion to stay arbitration, dismissed as moot, without costs.

Subsequent to the order denying its motion to stay the arbitration, plaintiff entered into an agreement consenting to arbitrate. It did not seek to stay the court’s order pending appeal or indicate in any way that its execution of the agreement was under protest. Thus, plaintiff has voluntarily committed itself to arbitrate its dispute regardless of the outcome of this appeal. Under these circumstances, the appeal from the order compelling arbitration has been rendered moot. (See, Matter of Hearst Corp. v Clyne, 50 NY2d 707.) Concur—Ross, J. P., Milonas, Rosenberger, Kassal and Rubin, JJ.

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164 A.D.2d 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judson-realty-inc-v-first-park-associates-l-p-nyappdiv-1990.

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