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Matter of Contessa Sportswear, LTD

Supreme Court, Special Term, New York County
Sep 9, 1965
49 Misc. 2d 50 (N.Y. Sup. Ct. 1965)

Opinion

September 9, 1965

Sherman Citron ( Cecil A. Citron of counsel), for petitioner.

Solomon Rosenbaum ( Irving Reier of counsel), for respondent.


Motion to stay respondents from proceeding further with separate hearings on demands for arbitration made by the corporate respondents, and directing that said demands for arbitration be heard before a single panel of arbitrators is denied. In effect, petitioner is requesting this court to consolidate arbitration proceedings, a power held and exercised by the courts under the Civil Practice Act ( Matter of Symphony Fabrics Corp. [ Bernson Silk Mills], 12 N.Y.2d 409, 412; Matter of Adam Cons. Ind. [ Miller Bros. Hat Co.], 6 A.D.2d 515). However, it now appears that with the enactment of the CPLR, such power no longer exists, as the statutory basis therefor, sections 1459 and 96 of the Civil Practice Act, whereby arbitration was deemed a special proceeding, are no longer in effect, and under CPLR 7502, arbitration is not so characterized (see 8 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 7502.05; McClaughlin, Civil Practice, 16 Syracuse L. Rev. 419, 429, 454). Accordingly, the motion is denied. Settle order.

[Original opinion adhered to on reargument, December 22, 1965.]


Summaries of

Matter of Contessa Sportswear, LTD

Supreme Court, Special Term, New York County
Sep 9, 1965
49 Misc. 2d 50 (N.Y. Sup. Ct. 1965)
Case details for

Matter of Contessa Sportswear, LTD

Case Details

Full title:In the Matter of the Arbitration between CONTESSA SPORTSWEAR, LTD.…

Court:Supreme Court, Special Term, New York County

Date published: Sep 9, 1965

Citations

49 Misc. 2d 50 (N.Y. Sup. Ct. 1965)
266 N.Y.S.2d 1019

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