Judah Fabrics, Inc. v. Zoomers, Inc.

Full title: JUDAH FABRICS, INC., Appellant, v. ZOOMERS, INC., Respondent

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

Date published: Apr 29, 1993

192 A.D.2d 486 (N.Y. App. Div. 1993)

598 N.Y.S.2d 700

Opinion

April 29, 1993

Appeal from the Supreme Court, New York County (Carol E. Huff, J.).

As pointed out in 8 Weinstein-Korn-Miller (NY Civ Prac ¶ 7502.15, citing an applicable decision by the Court of Appeals): "The rationale utilized by the courts in support of this position is that a contractual time limitation provision is simply another contractual provision which should be interpreted by the arbitrator like any other provision." Accordingly petitioner's arguments are without merit and the petition to stay arbitration was properly denied.

Concur — Carro, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.