MATTER OF ARBITRATION BETWEEN PALOMA FROCKS (SHAMOKIN)


1 A.D.2d 640 (1956)

In the Matter of the Arbitration between Paloma Frocks, Inc., Appellant, and Shamokin Sportswear Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 19, 1956.


Attorney(s) appearing for the Case

Seymour J. Ugelow of counsel (Conrad & Smith, attorneys), for appellant.

Harold M. Foster of counsel (Benjamin, Galton & Robbins, attorneys), for respondent.

BOTEIN, J. P., COX, FRANK and VALENTE, JJ., concur.


RABIN, J.

This appeal requires us to determine whether the president of a close corporation whose stock and directorate control are equally divided may, without consulting or obtaining the approval of the board of directors, institute on his own initiative an arbitration proceeding in the name of the corporation.

Respondent Shamokin Sportswear Corporation, a Pennsylvania corporation, inactive for some...

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