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MATTER OF LOUIS COOPER HATS, INC

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1955
285 App. Div. 937 (N.Y. App. Div. 1955)

Opinion

March 22, 1955.

Present — Peck, P.J., Breitel, Bastow, Botein and Rabin, JJ.


Petitioner employer, upon its own application, procured an early trial in the Municipal Court of the same issues that are the subject matter of the proposed submission to arbitration. By thus proceeding to trial petitioner clearly made an election that is inconsistent with its present claim that the parties are obligated to proceed to arbitration, and it thereby waived the arbitration provisions of the contract ( Matter of Zimmerman v. Cohen, 236 N.Y. 15). We therefore need not consider the effect of petitioner's prior motions to vacate the warrant of attachment. The fact that a mistrial was declared in the Municipal Court does not relax the effectiveness of the waiver. Had petitioner prevailed upon that trial it obviously would have regarded such court adjudication as final and would not have sought arbitration. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied.


Summaries of

MATTER OF LOUIS COOPER HATS, INC

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 1955
285 App. Div. 937 (N.Y. App. Div. 1955)
Case details for

MATTER OF LOUIS COOPER HATS, INC

Case Details

Full title:In the Matter of the Arbitration between LOUIS COOPER HATS, INC.…

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

Date published: Mar 22, 1955

Citations

285 App. Div. 937 (N.Y. App. Div. 1955)

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