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In re the Arbitration between Denihan & Denihan

69 N.Y.2d 725 Court N.Y. Decision date 1987-01-15 English

Contents

Majority

p. 725
In the Matter of the Arbitration between Benjamin J. Denihan, Petitioner, Arthur J. Bresciani, Jr., et al., Appellants, and Michael G. Denihan, Respondent.
Decided January 15, 1987
p. 727
APPEARANCES OF COUNSEL
Julius Mager for Arthur J. Bresciani, Jr., and others, appellants.
Edmund F. Wolk for 3 Mitchell Place, Inc., appellant.
Alan M. Lebensfeld for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. Insofar as the Appellate Division dismissed petitioner’s application to stay arbitration, we affirm for the reasons stated in the opinion by Justice Leonard H. Sandler ( 119 AD2d 144 ). To the extent that the Appellate Division granted an injunction pending determination of the issues raised in the arbitration, we conclude that the Appellate Division did not abuse its discretion.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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