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Matter of McGovern

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1963
18 A.D.2d 897 (N.Y. App. Div. 1963)

Opinion

February 19, 1963


Order entered on September 13, 1962, directing a trial on petitioners-respondents' motion to stay arbitration proceedings, unanimously reversed on the law and the facts, with $20 costs and disbursements to respondent-appellant, and the motion denied. Petitioners' appearances before the arbitrators and participation in the proceedings bar them from questioning the existence of a contract to arbitrate, such participation being other than merely by way of objection to the arbitrator's jurisdiction (Civ. Prac. Act, § 1458; Matter of National Cash Register Co. [ Wilson], 8 N.Y.2d 377, 382-383; cf. Matter of De Laurentis [ Cinematografica], 9 N.Y.2d 503, 508-509).

Concur — Botein, P.J., Breitel, Valente, Steuer and Bastow, JJ.


Summaries of

Matter of McGovern

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1963
18 A.D.2d 897 (N.Y. App. Div. 1963)
Case details for

Matter of McGovern

Case Details

Full title:In the Matter of the Arbitration between EDWARD McGOVERN et al.…

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

Date published: Feb 19, 1963

Citations

18 A.D.2d 897 (N.Y. App. Div. 1963)
237 N.Y.S.2d 799