From Casetext: Smarter Legal Research

Matter of Arch-Bilt Container Corp. v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1961
14 A.D.2d 910 (N.Y. App. Div. 1961)

Opinion

November 20, 1961


In a proceeding under article 78 of the Civil Practice Act, to compel respondents, officers of the corporate petitioner, to sign salary checks and to pay petitioner Robert Scher, another officer, his monthly salary, in which the respondents served no answer but instead moved to stay the proceeding pending arbitration of the controversy between the parties as prescribed by their written contract, the petitioners appeal from an order of the Supreme Court, Queens County, made and entered August 30, 1961 which: (1) granted respondents' motion to stay the instant article 78 proceeding pending arbitration; and (2) on the court's own motion directed respondents to submit the matter to arbitration without the necessity of a separate proceeding to compel arbitration. Order affirmed, without costs. No opinion. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.


Summaries of

Matter of Arch-Bilt Container Corp. v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1961
14 A.D.2d 910 (N.Y. App. Div. 1961)
Case details for

Matter of Arch-Bilt Container Corp. v. Fisher

Case Details

Full title:In the Matter of ARCH-BILT CONTAINER CORP. et al., Appellants, v. ARTHUR…

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

Date published: Nov 20, 1961

Citations

14 A.D.2d 910 (N.Y. App. Div. 1961)

Citing Cases

Burgart v. Foster-Lipkins Corp.

The motion insofar as it seeks to bar arbitration is denied and the parties are directed to proceed to…