Opinion · Appellate Division of the Supreme Court of the State of New York

In re the Arbitration between Amerotron Corp. & Maxwell Shapiro Woolen Co.

In re Arb. between Amerotron Corp. & Maxwell Shapiro Woolen Co., 3 A.D.2d 899 (Appellate Division of the Supreme Court of the State of New York 1957)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1957-05-14
Topic
international-arbitration

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. By all of its actions respecting its claim of fraud inducing the contract, including its complaint in the Massachusetts action, respondent failed to rescind the contract and elected to recognize the contract and claim damages for the fraud. Such a claim was arbitrable and should have been arbitrated under the contract. There is no basis for relieving respondent of its deliberate default in the arbitration proceeding, and there is no surviving question as to the existence of the contract. Settle order on notice.

Citator

UpLaw has not yet analyzed In re the Arbitration between Amerotron Corp. & Maxwell Shapiro Woolen Co.. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
4 opinions

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. By all of its actions respecting its claim of fraud inducing the contract, including its complaint in the Massachusetts action, respondent failed to rescind the contract and elected to recognize the contract and claim damages for the fraud. Such a claim was arbitrable and should have been arbitrated under the contract. There is no basis for relieving respondent of its deliberate default in the arbitration proceeding, and there is no surviving question as to the existence of the contract. Settle order on notice. Concur — Peck, P. J., Breitel, Botein, Rabin and Bergan, JJ.