From Casetext: Smarter Legal Research

DeSantis v. Empire St. Coin-Op Distributors

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1043 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Supreme Court, Onondaga County, Murphy, J.

Present — Dillon, P.J., Callahan, Boomer, Balio and Lowery, JJ.


Order unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum, with costs to abide the event: Although we agree with Supreme Court's finding that there is a substantial question whether the parties had a valid agreement to arbitrate, we conclude that the court failed to comply with the statutory directive requiring that such issue "be tried forthwith in said court" (CPLR 7503 [a]). Therefore, we modify and direct that the court forthwith hold a trial on the issue whether the parties had a valid agreement to arbitrate (see, Housekeeper v Lourie, 39 A.D.2d 280, 285, appeal dismissed 32 N.Y.2d 832; see also, Oberlander v Fine Care, 108 A.D.2d 798; Matter of Barrett Intercommunication Prods. Corp. v Entron, Inc., 41 A.D.2d 567).


Summaries of

DeSantis v. Empire St. Coin-Op Distributors

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1043 (N.Y. App. Div. 1991)
Case details for

DeSantis v. Empire St. Coin-Op Distributors

Case Details

Full title:RICHARD DeSANTIS et al., Respondents, v. EMPIRE STATE COIN-OP…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 7, 1991

Citations

174 A.D.2d 1043 (N.Y. App. Div. 1991)
572 N.Y.S.2d 209