In re the Arbitration Between Princeton Rayon Corp. & Gayley Mill Corp.
In the Matter of the Arbitration Between Princeton Rayon Corp., Appellant, and Gayley Mill Corporation, Respondent
Opinion
Dye, J.
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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 12 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.