In re the Arbitration Between Broadway-40th Street Corp. & President & Directors of Manhattan Co.
Cases that cite this one
10 later published cases cite this decision.
- Brandon v. Hines (D.C. 1981)
- White Const. Co., Inc. v. State, Dept. of Transp. (Fla. Dist. Ct. App. 2003)
- Anderson v. Nichols (W. Va. 1987)
- RE Bean Const. v. MIDDLEBURY, ETC. (Vt. 1980)
- R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc. (Vt. 1980)
- Brick Tp. Mun. Util. Auth. v. Diversified RB & T. Construction Co. (N.J. Super. Ct. App. Div. 1979)
- Batson Yarn & Fabrics Machinery Goup, Inc. v. Saurer-Allma GmbH-Allgauer Maschinenbau (District Court, D. South Carolina 1970)
- In re the Arbitration between State & Valenti (Appellate Division of the Supreme Court of New York 1977)
- In re the Arbitration between Carmel Central School District & Carmel Teachers Ass'n (New York Supreme Court 1973)
- In re the Arbitration between Frouge Corp. & New York City Housing Authority (Appellate Division of the Supreme Court of New York 1966)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Section 1460 of the Civil Practice Act provides that an arbitration award, to be entitled to enforcement under article 84 of the Civil Practice Act, must be subscribed by the arbitrators “ within the time limited in the submission or contract, if any ”. In the present case it is undisputed that no steps initiating arbitration were taken until after expiration of the dates specified in the lease provision for the making of the arbitration award, and there is no claim that the parties agreed to extend the time for rendering the award or that the objection was waived. No valid award could be made in such circumstances, and petitioner therefore is not entitled to an order directing arbitration (cf. Johnson v. Crawford, 212 Pa. 502; Brotherhood of Railway & Steamship Clerks v. Norfolk Southern Ry. Co., 143 F. 2d 1015; Sturges, Commercial Arbitrations and Awards, p. 523). We agree with the Appellate Division that section 1452 of the Civil Practice Act has no application where, as here, the contractual provisions for arbitration have expired by their own terms.
The order should be affirmed, with costs.
Loughean, Oh. J., Lewis, Conway, Desmond, Thacheb, Dye and Fttld, JJ., concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.