In re the Arbitration Between Princeton Rayon Corp. & Gayley Mill Corp.
Cases that cite this one
12 later published cases cite this decision.
- Two Sisters, Inc. v. Gosch & Co. (Conn. 1976)
- Sinva, Inc. v. Merrill, Lynch, Pierce, Fenner & Smith, Inc. (District Court, S.D. New York 1966)
- In re the Arbitration between Doughboy Industries Inc. & Pantasote Co. (Appellate Division of the Supreme Court of New York 1962)
- Colonial Penn Insurance v. Carter (Appellate Division of the Supreme Court of New York 1990)
- Task Associates, Inc. v. Delhi Steel Corp. (Appellate Division of the Supreme Court of New York 1988)
- Burbank Broadcasting Co. v. Roslin Radio Sales, Inc. (Appellate Division of the Supreme Court of New York 1984)
- In re the Arbitration between C.M.I. Clothesmakers, Inc. & A.S.K. Knits, Inc. (New York Supreme Court 1975)
- Housekeeper v. Lourie (Appellate Division of the Supreme Court of New York 1972)
- Kolmer-Marcus, Inc. v. Winer (Appellate Division of the Supreme Court of New York 1969)
- Mike's Merry Go Round Rest, Inc. v. Lincoln Service, Inc. (New York Supreme Court 1961)
- In re the Arbitration between Gayley Mill Corp. & Princenton Rayon Corp. (New York Supreme Court 1959)
- In re the Arbitration between Writers Guild of America East, Inc. & Prockter Productions, Inc. (N.Y. 1956)
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
In this proceeding to stay arbitration, a substantial issue of fact is presented as to the making of an agreement to arbitrate, which should not be determined on affidavits but after a trial in the usual manner (Civ. Prac. Act, § 1450; Matter of Siracusa v. 421-425 W. 54th St. Corp., 237 N. Y. 572). The inten *15 tian to arbitrate must be clearly expressed (Matter of Riverdale Fabrics Corp. [Tillinghast-Stiles Co.], 306 N. Y. 288).
The order of the Appellate Division and that of Special Term should be reversed, with costs in this court and in the Appellate Division, and motion to stay arbitration granted, without prejudice to an appropriate trial of the issue of the making of an agreement to arbitrate pursuant to section 1450 of the Civil Practice Act.
The order of the Appellate Division and that of Special Term should be reversed, with costs in this court and in the Appellate Division, and the matter remitted to Special Term for further proceedings in accordance with the opinion herein.
Conway, Ch. J., Fuld, Froessel, Van Voorhis and Burke, JJ., concur with Dye, J.; Desmond, J., dissents and votes to affirm.
Orders reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.