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Matter of Schoeffer

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1952
280 App. Div. 887 (N.Y. App. Div. 1952)

Opinion

September 30, 1952.

Present — Peck, P.J., Dore, Cohn and Callahan, JJ. [See 281 App. Div. 658.]


Order [staying action] unanimously reversed and trial of the issue of the existence of a valid contract containing an arbitration clause is directed. The question of usury which is alleged to invalidate the contract may not summarily be disposed of and requires a trial. Order [denying stay of arbitration] unanimously modified so as to stay arbitration only pending the trial of the issue of usury and said stay is subject to renewal depending upon the trial of the issue of usury. Settle orders on notice.


Summaries of

Matter of Schoeffer

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1952
280 App. Div. 887 (N.Y. App. Div. 1952)
Case details for

Matter of Schoeffer

Case Details

Full title:In the Matter of the Arbitration between FRED O. SCHOEFFER, Appellant, and…

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

Date published: Sep 30, 1952

Citations

280 App. Div. 887 (N.Y. App. Div. 1952)