DENIHAN v. DENIHAN


34 N.Y.2d 307 (1974)

Benjamin J. Denihan et al., Respondents, v. Michael G. Denihan, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1974.


Attorney(s) appearing for the Case

Jack B. Levitt and Peter S. Lushing for appellant.

Edmund F. Wolk and Julius Mager for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.


JASEN, J.

In this proceeding to stay arbitration of certain disputes between shareholders of a close corporation, the issue is whether by commencing several actions against other parties to the shareholders' agreement on causes arising therefrom, the respondent waived his right to arbitrate different issues arising under the same agreement.

In April, 1970, the parties executed a shareholders' agreement...

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