Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)

In the Matter of the Arbitration between ALAN A. SCHACHTER et al., Appellants, and LESTER WITTE COMPANY, Respondent.

MEMORANDUM. Order affirmed.

The conclusory allegations contained in the petition and moving papers are insufficient to demonstrate that there is a "substantial question of the existence of a `valid agreement' to arbitrate" (Durst v Abrash, 22 A.D.2d 39, 41, affd on opn below 17 N.Y.2d 445). Specifically, petitioners do not spell out evidentiary facts sufficient to raise a triable issue in support of their claim that they were induced to enter into the partnership agreement or to agree to the arbitration clause contained within it as a result of fraud or duress (8 Weinstein-Korn-Miller, N Y Civ Prac, par 7503.23, p 75-83; see Moseley v Electronic Facilities, 374 U.S. 167; Matter of Housekeeper v Lourie, 39 A.D.2d 280, app dsmd 32 N.Y.2d 832). Nor does the agreement, on its face, constitute an unlawful restraint of trade (Matter of Riccardi [Modern Silver Linen Supply Co.], 36 N.Y.2d 945, 947). Hence, the application to stay arbitration was properly denied.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in a memorandum.

Use AI to get other relevant cases.

Comments

MATTER OF SCHACHTER, WITTE CO
(May 3, 1977)