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Matter Arbitration Between Leonard A. Weiss

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eBook details

  • Title: Matter Arbitration Between Leonard A. Weiss
  • Author : Supreme Court of New York
  • Release Date : January 20, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

[36 A.D.2d 555 Page 555] In December, 1966 both parties entered into an agreement with the Delmar Pallett Co., Inc., which provided that each individual
was to be issued a specified number of shares of corporate stock. A dispute arose thereafter concerning the percentage of
distribution of shares and after unsuccessful attempts to negotiate differences, respondent served upon appellant a demand
for arbitration. Clause 15 of the parties' agreement provides: "Any controversy or claim arising out of or relating to this
agreement or the breach thereof, including any controversy which may arise concerning the value of the stock of the Corporation
shall be settled by arbitration proceedings under procedure set forth in Section 7501 of the CPLR of the State of New York."
Appellant contends that following its execution, the agreement was abandoned by respondent and his right to arbitration was
thereby extinguished. It is well-established that under broad arbitration provisions such as in the instant case "arbitration
may be had as to all issues arising subsequent to the making of the contract" (Matter of Terminal Auxiliar Maritima, S. A.
[ Winkler Credit Corp.], 6 N.Y.2d 294, 298). The language [36 A.D.2d 555 Page 556]


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