Dwyer v. Biddle

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1948-10-25
Citations: 274 A.D. 903, 83 N.Y.S.2d 138, 1948 N.Y. App. Div. LEXIS 3980
Copy Citations
1 Citing Case
Lead Opinion

In an "action to recover damages for malpractice, order denying motion of defendant for a stay of the action until arbitration be had between the parties,

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affirmed, with $10 costs and disbursements. There is no satisfactory showing of the existence of a reciprocally enforeible written contract of the parties containing the claimed arbitration clause. (Civ. Prac. Act, §§ 1449,1451; Matter of Silvers, 14 N. Y. S. 2d 820, 822; Matter of Tanenbaum Textile Co. v. Schlanger, 287 N. Y. 400.) Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.