Appellate Division of the Supreme Court of New York, 1993

Judah Fabrics, Inc. v. Zoomers, Inc.

Judah Fabrics, Inc. v. Zoomers, Inc.
Appellate Division of the Supreme Court of New York · Decided April 29, 1993
192 A.D.2d 486; 598 N.Y.S.2d 700; 1993 N.Y. App. Div. LEXIS 4411
Judah Fabrics, Inc. v. Zoomers, Inc.

Opinion of the Court

—Order, Supreme Court, New York County (Carol E. Huff, J.), entered July 21, 1992, which denied petitioner’s application to permanently stay arbitration, unanimously affirmed, without costs.

As pointed out in 8 Weinstein-Korn-Miller (NY Civ Prac ¶ 7502.15, citing an applicable decision by the Court of Appeals): "The rationale utilized by the courts in support of this position is that a contractual time limitation provision is simply another contractual provision which should be interpreted by the arbitrator like any other provision.” Accordingly petitioner’s arguments are without merit and the petition to stay arbitration was properly denied. Concur — Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.