Opinion · Nylaw New York
MATTER OF LIPMAN, 263 App. Div. 880 (1942)
In the Matter of Application of HARRY LIPMAN, Doing Bus. as ACMESHELLAC PRODUCTS CO., Respondent, for an Ord., Pursuant to Section 1450 ofthe Civil Prac. Act, Directing HAEUSER SHELLAC Co., INC., Appellant,to Proceed to Arbitration., 263 A.D. 880 (Appellate Division of the Supreme Court of New York, Second Department. 1942)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1942-01-12
- Topic
- general
MATTER OF LIPMAN, 263 App. Div. 880 (1942) In the Matter of the Application of HARRY LIPMAN, Doing Business as ACMESHELLAC PRODUCTS CO., Respondent, for an Order, Pursuant to Section 1450 ofthe Civil Practice Act, Directing HAEUSER SHELLAC COMPANY, INC., Appellant,to Proceed to Arbitration.Appellate Division of the Supreme Court of New York, Second Department. January 12, 1942. Respondent, in a proceeding to compel arbitration, appeals from an order entered pursuant to section 1450 of the Civil Practice Act, directing trial by jury of the question whether a contract to arbitrate was made, and, if it should be found that it was made and had not been canceled, directing the parties to proceed with arbitration. Order modified on the law and the facts by striking out everything after the word "granted" in the first ordering paragraph and, as so modified, affirmed, without costs.
Citator
UpLaw has not yet analyzed MATTER OF LIPMAN, 263 App. Div. 880 (1942). The absence of a flag is not a finding that it is good law.
MATTER OF LIPMAN,263 App. Div. 880(1942)
In the Matter of the Application of HARRY LIPMAN, Doing Business as ACME
SHELLAC PRODUCTS CO., Respondent, for an Order, Pursuant to Section 1450 of
the Civil Practice Act, Directing HAEUSER SHELLAC COMPANY, INC., Appellant,
to Proceed to Arbitration.
Appellate Division of the Supreme Court of New York, Second Department.
Respondent, in a proceeding to compel arbitration, appeals from an order entered pursuant to section 1450 of the Civil Practice Act, directing trial by jury of the question whether a contract to arbitrate was made, and, if it should be found that it was made and had not been canceled, directing the parties to proceed with arbitration. Order modified on the law and the facts by striking out everything after the word "granted" in the first ordering paragraph and, as so modified, affirmed, without costs. Under section 1450 of the Civil Practice Act, only two issues may be tried in a proceeding of this kind, (a) whether an agreement to arbitrate was made, and (b) whether there was a failure or refusal to arbitrate. Appellant admits that it made the contract containing the agreement to arbitrate and that it has failed and refused to proceed to arbitration. Those issues, therefore, are not open. Every other issue in the proceeding, whether of fact or of law, and whether raised by denial or by defense,Page 881is for the arbitrators exclusively. (Matter of Wilkins,169 N.Y. 494,496,497;Matter of Piercev.Brown Buick Co.,Inc.,258 App. Div. 679,680, and cases cited; affd.,283 N.Y. 669. ) There are no issues to be tried in this proceeding. Lazansky, P.J., Hagarty, Carswell, Taylor and Close, JJ., concur.