Wehringer v. Hayden, Stone Inc.

Appellate Division of the Supreme Court of New York

Wehringer v. Hayden, Stone Inc.

30 A.D.2d 524, 291 N.Y.S.2d 790, 1968 N.Y. App. Div. LEXIS 3898

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

DecidedMay 23, 1968

StatusPublished

This text of 30 A.D.2d 524 (Wehringer v. Hayden, Stone Inc.) 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

Wehringer v. Hayden, Stone Inc., 30 A.D.2d 524, 291 N.Y.S.2d 790, 1968 N.Y. App. Div. LEXIS 3898 (N.Y. Ct. App. 1968).

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Opinion

Order entered January 12, 1968, unanimously modified, on the facts and the law, to vacate dismissal of the complaint and to grant a stay of the action until arbitration has been had, without costs or disbursements to any party. We agree with Special Term that the issue presented by the pleadings is properly arbitrable and that the defendant under its pleading is entitled to such arbitration. However, the order, perhaps inadvertently, grants relief in excess of that in that it dismisses the complaint, which eoneededly is not warranted. Concur— Steuer, J. F., Tilzer, Rabin, McNally and Bastow, JJ.

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Order entered January 12, 1968, unanimously modified, on the facts and the law, to vacate dismissal of the complaint and to grant a stay of the action until arbitration has been had, without costs or disbursements to any party. We agree with Special Term that the issue presented by the pleadings is properly arbitrable and that the defendant under its pleading is entitled to such arbitration. However, the order, perhaps inadvertently, grants relief in excess of that in that it dismisses the complaint, which eoneededly is not warranted. Concur— Steuer, J. F., Tilzer, Rabin, McNally and Bastow, JJ.

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Bluebook (online)

30 A.D.2d 524, 291 N.Y.S.2d 790, 1968 N.Y. App. Div. LEXIS 3898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wehringer-v-hayden-stone-inc-nyappdiv-1968.