Meinhard & Co. v. Allegro Knitting Mills, Inc.

Appellate Terms of the Supreme Court of New York

Meinhard & Co. v. Allegro Knitting Mills, Inc.

28 Misc. 2d 590, 208 N.Y.S.2d 251, 1960 N.Y. Misc. LEXIS 2067

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 8, 1960

StatusPublished

This text of 28 Misc. 2d 590 (Meinhard & Co. v. Allegro Knitting Mills, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meinhard & Co. v. Allegro Knitting Mills, Inc., 28 Misc. 2d 590, 208 N.Y.S.2d 251, 1960 N.Y. Misc. LEXIS 2067 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The contract between plaintiff’s assignor and the defendant concededly provides for arbitration. There is a sharp dispute between the parties concerning delivery of the merchandise for which plaintiff makes claim. Thus there is clearly an issue arising under the contract which should be resolved by arbitration.

Consequently, it was error for the court below to grant plaintiff’s application for summary judgment, since consideration of the merits of the controversy is for the arbitrators and not for the court.

Having determined that arbitration is in order, we do not reach consideration of plaintiff’s application for summary judgment.

The judgment and order granting plaintiff summary judgment should be reversed, with costs, and defendant’s motion, to stay the action pending arbitration, granted.

Concur—Hecht, J. P., Steuer and Telzeb, JJ.

Judgment and order reversed, etc.

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