From Casetext: Smarter Legal Research

Matter of Levine

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1969
32 A.D.2d 778 (N.Y. App. Div. 1969)

Opinion

June 2, 1969


Order of the Supreme Court, Westchester County, dated October 25, 1968, affirmed, without costs. In our opinion, the record indicates a meritorious defense to the demand for arbitration, no intention on the part of respondent to abandon the preliminary trial, and otherwise diligent prosecution thereof. There being no demonstrated prejudice to appellants, we conclude that Special Term did not abuse its discretion, in this proceeding by respondent to stay arbitration, in granting respondent's motion to restore the proceeding to the calendar after it had been marked off the calendar and automatically dismissed, because not restored within a year, pursuant to CPLR 3404 ( Marco v. Sachs, 10 N.Y.2d 542; Ackerman v. Perchikoff, 30 A.D.2d 672; Blau v. Levine, 28 A.D.2d 1137). Christ, Acting P.J., Brennan, Rabin, Benjamin and Martuscello, JJ., concur.


Summaries of

Matter of Levine

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1969
32 A.D.2d 778 (N.Y. App. Div. 1969)
Case details for

Matter of Levine

Case Details

Full title:In the Matter of the Arbitration between FERNA LEVINE et al., Appellants…

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

Date published: Jun 2, 1969

Citations

32 A.D.2d 778 (N.Y. App. Div. 1969)
302 N.Y.S.2d 272

Citing Cases

General Staple Co., Inc. v. Amtronics, Inc.

nfair competition and breach of agreements not to reveal trade secrets, which was dismissed pursuant to CPLR…