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Paltrow Pipe Steel v. Marubeni-Iida

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1970
35 A.D.2d 960 (N.Y. App. Div. 1970)

Opinion

December 7, 1970


In this proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Queens County, dated July 8, 1970, which denied the petition and ordered the parties to proceed to arbitration. Order reversed, with $10 costs and disbursements, and application granted to the extent that a trial on the question whether a valid agreement to arbitrate was made is directed to be held and, pending determination of that question after trial, arbitration is stayed. In this proceeding, a substantial issue of fact is presented as to the making of an agreement to arbitrate, which should not be determined on affidavits but after a trial in the usual manner ( Matter of Princeton Rayon Corp. [ Gayley Mill Corp.], 309 N.Y. 13). Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.


Summaries of

Paltrow Pipe Steel v. Marubeni-Iida

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1970
35 A.D.2d 960 (N.Y. App. Div. 1970)
Case details for

Paltrow Pipe Steel v. Marubeni-Iida

Case Details

Full title:PALTROW PIPE STEEL CORPORATION, Appellant, v. MARUBENI-IIDA (AMERICA)…

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

Date published: Dec 7, 1970

Citations

35 A.D.2d 960 (N.Y. App. Div. 1970)