Matter of Princeton Rayon Corp.

Full title: In the Matter of the Arbitration between PRINCETON RAYON CORP., Appellant…

Court: Court of Appeals of the State of New York

Date published: Jun 10, 1955

127 N.E.2d 729 (N.Y. 1955)

127 N.E.2d 729

Opinion

Argued April 20, 1955

Decided June 10, 1955

Appeal from the Supreme Court, Appellate Division, First Department, HECHT, J.

Martin N. Whyman, Frederick E.M. Ballon and Henry Winestine for appellant.

Melvin Liebowitz, Aaron Rosen and Harold V. Kennedy for respondent.

DYE, J.

In this proceeding to stay arbitration, 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 (Civ. Prac. Act, § 1450; Matter of Siracusa v. 421-425 W. 54th St. Corp., 237 N.Y. 572). The intention to arbitrate must be clearly expressed ( Matter of Riverdale Fabrics Corp. [ Tillinghast-Stiles Co.], 306 N.Y. 288).

The order of the Appellate Division and that of Special Term should be reversed, with costs in this court and in the Appellate Division, and motion to stay arbitration granted, without prejudice to an appropriate trial of the issue of the making of an agreement to arbitrate pursuant to section 1450 of the Civil Practice Act.

The order of the Appellate Division and that of Special Term should be reversed, with costs in this court and in the Appellate Division, and the matter remitted to Special Term for further proceedings in accordance with the opinion herein.

CONWAY, Ch. J., FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur with DYE, J.; DESMOND, J., dissents and votes to affirm.

Orders reversed, etc.