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In re Allen v. Eychner Assoc. Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 351 (N.Y. App. Div. 1997)

Opinion

January 28, 1997.

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered August 20, 1996, which, in a dispute involving respondent broker's right to a commission under a brokerage contract containing a broad arbitration clause, denied petitioner's application to stay arbitration, unanimously affirmed, with costs.

Before: Nardelli, J. P., Rubin, Mazzarelli and Andrias, JJ.


Questions relating to whether the contract had expired prior to respondent's performance, i.e., when the buyer first made his offer and whether petitioner's wife had apparent authority to unilaterally extend the term of the contract, are for the arbitrator ( see, Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co., 37 NY2d 91, 95-96; Avalon Intl. Trading Corp. v GST Receivables Mgt. Corp., 220 AD2d 248).


Summaries of

In re Allen v. Eychner Assoc. Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1997
235 A.D.2d 351 (N.Y. App. Div. 1997)
Case details for

In re Allen v. Eychner Assoc. Inc.

Case Details

Full title:In the Matter of MARSHALL B. ALLEN, Individually and on Behalf of SARAH D…

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

Date published: Jan 28, 1997

Citations

235 A.D.2d 351 (N.Y. App. Div. 1997)
653 N.Y.S.2d 8