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eBook details

• Title: Matter Arbitration Between Caudill
• Author : Supreme Court of New York
• Release Date : January 11, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

While pursuant to New York law the court must decide whether claims sought to be arbitrated are barred by limitations of time (Matter of Schlaifer v. Kaiser, 46 A.D.2d 850; Matter of Andresen & Co. v. Shepard, 45 A.D.2d 578), where the matter is subject to the provisions of the Federal Arbitration Act (U. S. Code, tit. 9, § 1 et seq.), that issue is left to the arbitrators. (Matter of Rederi [ Dow Chem. Co.], 25 N.Y.2d 576; Reconstruction Finance Corp. v. Harrisons & Crosfield, Ltd., 204 F. 2d 366.) However, from this record it cannot be determined whether the contract was one "evidencing a transaction involving [interstate] commerce" (U. S. Code, tit. 9, § 2) and accordingly, whether Federal or State law is applicable. The matter must therefore be remanded to determine whether the plans themselves were items in interstate commerce and if not, to further develop the facts with relation to the extent of materials ordered in interstate commerce and whether those materials were necessarily procured outside the State pursuant to the architects plans. (See Laudadio v. White Constr. Co., 163 F. 2d 383.) If it is found that the Federal Arbitration Act is not applicable, and accordingly, that the court must determine whether the claim is barred by the Statute of Limitations, the hearing should also encompass the question of when the cause of action arose. While we agree with Special Term that the three-year statute is applicable (Siegel v. Kranis, 29 A.D.2d 477), it cannot now be determined whether the cause of action arose in [47 A.D.2d 610 Page 611]

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