Appellate Division of the Supreme Court of New York, 1953

In re the Arbitration between Blanco & Farr & Co.

In re the Arbitration between Blanco & Farr & Co.
Appellate Division of the Supreme Court of New York · Decided May 5, 1953
281 A.D. 1012; 121 N.Y.S.2d 265; 1953 N.Y. App. Div. LEXIS 4100
In re the Arbitration between Blanco & Farr & Co.

Opinion of the Court

Regardless of whether applicable sections of the by-laws of the exchange be deemed to provide for statutory or common-law arbitration, there is an arbitrable dispute between appellant and respondent, who are both members of the New York Coffee and Sugar Exchange, Inc., and bound by its by-laws including section 45 thereof. As to the contract to arbitrate and the arbitrable dispute exist, all controversies are for the arbitrators including the timeliness oĆ­ the so-called adjudication proceeding. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ. [See post, p. 1013.]

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