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Matter of Landersman

Appellate Division of the Supreme Court of New York, First Department
Nov 5, 1952
280 App. Div. 963 (N.Y. App. Div. 1952)

Opinion

November 5, 1952.

Present — Peck, P.J., Dore, Van Voorhis and Breitel, JJ.


Order of Special Term unanimously modified insofar as it granted a stay against the corporation from proceeding with the arbitration and the motion in respect to the corporation denied and, as so modified, affirmed, with $20 costs and disbursements to respondents-appellants. The corporation is bound by the preincorporation agreement ( Morgan v. Bon Bon Co., 222 N.Y. 22, 27; Jermyn v. Searing, 225 N.Y. 525, 538; Matter of Super Trading Co., 22 F.2d 480, 482). The issues proposed are arbitrable. ( Martocci v. Martocci, 42 N.Y.S.2d 222, affd. 266 App. Div. 840; Matter of Carl [ Weissman], 263 App. Div. 887. ) Matter of Allied Fruit Extract Co. ( 243 App. Div. 52) must be read in the light of the affirmance in this court of the Special Term in Martocci v. Martocci ( supra). Settle order on notice.


Summaries of

Matter of Landersman

Appellate Division of the Supreme Court of New York, First Department
Nov 5, 1952
280 App. Div. 963 (N.Y. App. Div. 1952)
Case details for

Matter of Landersman

Case Details

Full title:In the Matter of the Arbitration between DONALD LANDERSMAN…

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

Date published: Nov 5, 1952

Citations

280 App. Div. 963 (N.Y. App. Div. 1952)

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