MATTER OF ASSOCIATED METALS & MINERALS CORP. v. KEMIKALIJA


23 Misc.2d 98 (1960)

In the Matter of the Arbitration between Associated Metals & Minerals Corporation, Petitioner, and Kemikalija, Respondent.

Supreme Court, Special Term, New York County.

February 29, 1960.


Attorney(s) appearing for the Case

Paskus, Gordon & Hyman for petitioner.

Katz, Wittenberg & Katz for respondent.


JOSEPH A. GAVAGAN, J.

This is a motion to stay arbitration. The admission of liability subsequent to the commencement of the arbitration proceedings does not justify a stay of such proceedings. Once the arbitration proceeding has been duly commenced, it depends upon the state of matters at the time of the commencement thereof, not what occurred thereafter, and, if the circumstances be such, then, to invest jurisdiction...

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