Application of Philips v. Newell Co.

Full title: APPLICATION OF CARL PHILIPS, PETITIONER-APPELLANT, v. NEWELL CO.…

Court: United States Court of Appeals, Second Circuit

Date published: Jul 30, 1997

118 F.3d 972 (2d Cir. 1997)

Opinion

Docket No. 97-7559, No. 2310.

Argued: July 15, 1997.

Decided: July 30, 1997.

Ronald J. Offenkrantz, New York, New York (Michael H. Smith, Of Counsel), for Petitioner-Appellant.

Barry S. Alberts, New York City, (Robert J. Hoskins, Paul Scrudato, of Counsel), for Respondent-Appellee.

Appeal from a judgment by the United States District Court for the Southern District of New York (Peter K. Leisure, Judge), denying appellant's petition to stay arbitration and granting appellee's cross-petition to compel arbitration. Affirmed.

Before: WINTER, Chief Judge, JACOBS and LEVAL, Circuit Judges.

PER CURIAM:

This is an appeal from Judge Leisure's denial of a petition to stay arbitration. We affirm for the reasons set forth in his opinion. Application of Carl Philips v. Newell Co., No. 96 CIV. 9153, 1997 WL 181191 (S.D.N.Y. April 15, 1997). The contentions raised by the appellant for the first time on appeal are without merit.