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In re the Arbitration between Carp & Weinrott

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1967
28 A.D.2d 671 (N.Y. App. Div. 1967)

Opinion

June 20, 1967


Order, entered on March 14, 1967, granting petitioners' application to stay arbitration, unanimously reversed, on the law and on the facts, with $30 costs and disbursements to respondents-appellants, application denied and the parties are directed to proceed to arbitration. The conclusory and differing allegations contained in the petition, petitioners' reply affidavit and amended petition are insufficient to demonstrate that there is a "substantial question of the existence of a `valid agreement' to arbitrate". ( Durst v. Abrash, 22 A.D.2d 39, 41, affd. 17 N.Y.2d 445.) Petitioners' claim, that the contract, which contains a broad arbitration clause, was induced by fraud, is not supported by the record and is refuted by the documentary evidence contained therein.

Concur — Eager, J.P., Steuer, Capozzoli, Rabin and McGivern, JJ.


Summaries of

In re the Arbitration between Carp & Weinrott

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1967
28 A.D.2d 671 (N.Y. App. Div. 1967)
Case details for

In re the Arbitration between Carp & Weinrott

Case Details

Full title:In the Matter of the Arbitration between EMILE CARP et al., Respondents…

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

Date published: Jun 20, 1967

Citations

28 A.D.2d 671 (N.Y. App. Div. 1967)