Murian Frocks, Inc. v. Malamor Dress Corp.

Appellate Terms of the Supreme Court of New York

Murian Frocks, Inc. v. Malamor Dress Corp.

152 Misc. 304, 273 N.Y.S. 184, 1934 N.Y. Misc. LEXIS 1456

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 21, 1934

StatusPublished

This text of 152 Misc. 304 (Murian Frocks, Inc. v. Malamor Dress Corp.) 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

Murian Frocks, Inc. v. Malamor Dress Corp., 152 Misc. 304, 273 N.Y.S. 184, 1934 N.Y. Misc. LEXIS 1456 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

While a binding agreement to arbitrate would constitute a defense which could be pleaded and proved in this action, and a completed arbitration would be sufficient ground for the special appearance, the Municipal Court has no jurisdiction to compel arbitration either by mandatory order or by granting a stay of proceedings pending submission thereto. Proper procedure required a hearing on the question raised by the special appearance. (Mun. Ct. Code, § 78, subd. 8.)

Order reversed, with ten dollars costs, and motion denied.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Per Curiam.

While a binding agreement to arbitrate would constitute a defense which could be pleaded and proved in this action, and a completed arbitration would be sufficient ground for the special appearance, the Municipal Court has no jurisdiction to compel arbitration either by mandatory order or by granting a stay of proceedings pending submission thereto. Proper procedure required a hearing on the question raised by the special appearance. (Mun. Ct. Code, § 78, subd. 8.)

Order reversed, with ten dollars costs, and motion denied.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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Bluebook (online)

152 Misc. 304, 273 N.Y.S. 184, 1934 N.Y. Misc. LEXIS 1456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murian-frocks-inc-v-malamor-dress-corp-nyappterm-1934.