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6 New York opinions name it 2 courts 1959–2006 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Norris v. Coopergreen1 sentence2004We also reject plaintiff’s alternative argument that its claim, which seeks rescission of the employment contract based either on defendant’s fraudulent inducement thereof, breach thereof, or faithlessness in conducting a competing business, is not within the ambit of the arbitration clause (cf. Matter of Silverman [Benmor Coats], 61 NY2d 299, 307-308 [1984], citing Matter of Weinrott [Carp], 32 NY2d 190 [1973]; see generally Matter of Nationwide Gen. | 1 | 1 |
Megaris Furs, Inc. v. Gimbel Brothers, Inc.green1 sentence1991In the recent past, this court has, in various contexts, observed that "[a] contract action cannot be transformed into something more merely by employing the language of tort” (Stendig, Inc. v Thom Rock Realty Co., 163 AD2d 46, 46-47 , citing SSDW Co. v Feldman-Misthopoulos Assocs., 151 AD2d 293, 295 ; see also, Megaris Furs v Gimbel Bros., 172 AD2d 209 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
De Sapio v. Kohlmeyer
green
1 sentence2006Far from employing a defensive posture, defendants actively participated in a special proceeding and two plenary actions that involved matters falling within the ambit of the arbitration clause, thereby manifesting an affirmative acceptance of the judicial forum (see De Sapio, 35 NY2d at 405-406 ). | 1 | 2006–2006 |
In Re the Arbitration Between Weinrott & Carp
green
1 sentence2004We also reject plaintiff’s alternative argument that its claim, which seeks rescission of the employment contract based either on defendant’s fraudulent inducement thereof, breach thereof, or faithlessness in conducting a competing business, is not within the ambit of the arbitration clause (cf. Matter of Silverman [Benmor Coats], 61 NY2d 299, 307-308 [1984], citing Matter of Weinrott [Carp], 32 NY2d 190 [1973]; see generally Matter of Nationwide Gen. | 1 | 2004–2004 |
SSDW Co. v. Feldman-Misthopoulos Associates
green
1 sentence1991In the recent past, this court has, in various contexts, observed that "[a] contract action cannot be transformed into something more merely by employing the language of tort” (Stendig, Inc. v Thom Rock Realty Co., 163 AD2d 46, 46-47 , citing SSDW Co. v Feldman-Misthopoulos Assocs., 151 AD2d 293, 295 ; see also, Megaris Furs v Gimbel Bros., 172 AD2d 209 ). | 1 | 1991–1991 |
Stendig, Inc. v. Thom Rock Realty Company
green
1 sentence1991In the recent past, this court has, in various contexts, observed that "[a] contract action cannot be transformed into something more merely by employing the language of tort” (Stendig, Inc. v Thom Rock Realty Co., 163 AD2d 46, 46-47 , citing SSDW Co. v Feldman-Misthopoulos Assocs., 151 AD2d 293, 295 ; see also, Megaris Furs v Gimbel Bros., 172 AD2d 209 ). | 1 | 1991–1991 |
In re the Arbitration between the Acting Superintendent of Schools of Liverpool Central School District v. United Liverpool Faculty Ass'n
green
1 sentence1982School Dist. [United Liverpool Faculty Assn.], 42 NY2d 509, 512 ). | 1 | 1982–1982 |
Mtr. of River Brand Rice Mills v. Latrobe Brew. Co.
green
1 sentence1961This dispute obviously comes within the ambit of the arbitration clause of the partnership agreement which, to re-emphasize, provides 11 All and any disputes and questions whatsoever which shall arise * * * or any other matter in any way relating to the partnership business * * * or the rights, duties, and liabilities of any person hereunder, shall be referred to a single arbitrator (See Matter of River Brand Rice Mills v. Latrobe Brewing Co., 305 N. Y. 36 ; Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199 ; Matter of Potter Co. [Miles Metal Corp.], 2 Misc 2d 515 , affd. 2 A | 1 | 1961–1961 |
S. A. Wenger & Co. v. Propper Silk Hosiery Mills, Inc.
green
1 sentence1961This dispute obviously comes within the ambit of the arbitration clause of the partnership agreement which, to re-emphasize, provides 11 All and any disputes and questions whatsoever which shall arise * * * or any other matter in any way relating to the partnership business * * * or the rights, duties, and liabilities of any person hereunder, shall be referred to a single arbitrator (See Matter of River Brand Rice Mills v. Latrobe Brewing Co., 305 N. Y. 36 ; Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199 ; Matter of Potter Co. [Miles Metal Corp.], 2 Misc 2d 515 , affd. 2 A | 1 | 1961–1961 |
In re the Arbitration between John E. Potter Co. & Miles Metal Corp.
green
1 sentence1961This dispute obviously comes within the ambit of the arbitration clause of the partnership agreement which, to re-emphasize, provides 11 All and any disputes and questions whatsoever which shall arise * * * or any other matter in any way relating to the partnership business * * * or the rights, duties, and liabilities of any person hereunder, shall be referred to a single arbitrator (See Matter of River Brand Rice Mills v. Latrobe Brewing Co., 305 N. Y. 36 ; Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199 ; Matter of Potter Co. [Miles Metal Corp.], 2 Misc 2d 515 , affd. 2 A | 1 | 1961–1961 |
Klein Coat Corp. v. Peretz
green
2 sentences1961(See Klein Coat Corp. v. Peretz, supra.) Although the defendants in the action involved herein have answered the complaint, they have not waived their right to compel arbitration. 1961This dispute obviously comes within the ambit of the arbitration clause of the partnership agreement which, to re-emphasize, provides 11 All and any disputes and questions whatsoever which shall arise * * * or any other matter in any way relating to the partnership business * * * or the rights, duties, and liabilities of any person hereunder, shall be referred to a single arbitrator (See Matter of River Brand Rice Mills v. Latrobe Brewing Co., 305 N. Y. 36 ; Matter of Wenger & Co. v. Propper Silk Hosiery Mills, 239 N. Y. 199 ; Matter of Potter Co. [Miles Metal Corp.], 2 Misc 2d 515 , affd. 2 A | 1 | 1961–1961 |
In re the Arbitration between General Warehousemen's Union & Glidden Co.
neutral
1 sentence1959The situation is strikingly similar to that in Matter of General Warehousemen’s Union (Glidden Co., Durkee Famous Foods Division) ( 10 Misc 2d 700, 705 ) where the arbitration sought by the union was stayed. | 1 | 1959–1959 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.