AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

In the Matter of the Dissolution of PRINCETON INFORMATION, LTD. IRA PERKINS, Appellant; NOEL MARCUS, Respondent.

The broad arbitration clause in the parties' shareholders' agreement clearly covers the subject matter of the dispute, which essentially concerns claimed breaches of those parts of the agreement relating to the management of the corporation. Contrary to petitioner's unpreserved claim, paragraph 11 of the shareholders' agreement, which provides that if a provision is found to be illegal, invalid or unenforceable the remaining clauses of the agreement will not be affected, does not make a judicial determination of validity, legality or enforceability of any of the provisions a condition precedent to arbitration. Nor does the shareholders' agreement make a determination of the stock purchase price a condition precedent to arbitration of disputes relating to management breaches. However, it was error to dismiss the proceeding, rather than stay it, since a judicial action may be required after the arbitration ( see, Matter of Stewart Becker, Ltd. v Horowitz, 94 Misc 2d 766, 772), and, notably, even respondent did not request dismissal of the petition. We have reviewed petitioner's remaining claims and find them to be without merit.

Use AI to get other relevant cases.

Comments

IN RE PRINCETON INFORMATION, LTD
(Jan 9, 1997)