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Matter of Burkin

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1955
1 A.D.2d 655 (N.Y. App. Div. 1955)

Summary

In Matter of Burkin (Katz) (1 A.D.2d 655) the court said: "It is permissible and appropriate for parties, virtual partners in a close corporation, to contract to submit to arbitration disputes of a specific nature which might arise out of their relationship.

Summary of this case from Matter of Fulton-Washington Corp.

Opinion

December 13, 1955

Appeal from the Supreme Court, New York County.


It is permissible and appropriate for parties, virtual partners in a close corporation, to contract to submit to arbitration disputes of a specific nature which might arise out of their relationship. But it is impossible to run a business through arbitrators or submit to arbitration matters of management policy.

The order appealed from should be modified, with costs to appellants, by eliminating from the proposed arbitration items 2, 3, 8 and 10.

Peck, P.J., Bastow, Cox and Bergan, JJ., concur; Breitel, J., concurs in result on the ground that the items eliminated have not been shown to be justiciable and therefore arbitrable (Civ. Prac. Act, § 1448; Matter of Kallus [ Ideal Novelty Toy Co.], 292 N.Y. 459)

Order unanimously modified by eliminating from the proposed arbitration items 2, 3, 8 and 10, contained in the demand for arbitration dated April 5, 1955, and, as so modified, affirmed, with $20 costs and disbursements to the appellants.


Summaries of

Matter of Burkin

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1955
1 A.D.2d 655 (N.Y. App. Div. 1955)

In Matter of Burkin (Katz) (1 A.D.2d 655) the court said: "It is permissible and appropriate for parties, virtual partners in a close corporation, to contract to submit to arbitration disputes of a specific nature which might arise out of their relationship.

Summary of this case from Matter of Fulton-Washington Corp.
Case details for

Matter of Burkin

Case Details

Full title:In the Matter of the Arbitration between BENJAMIN BURKIN et al.…

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

Date published: Dec 13, 1955

Citations

1 A.D.2d 655 (N.Y. App. Div. 1955)

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