INT'L MODULAR HOUS., INC. v. ATLANTA SHIPPING CORP.


61 A.D.2d 941 (1978)

International Modular Housing, Inc., Appellant, v. Atlanta Shipping Corporation et al., Respondents

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

March 23, 1978


The order was not appealed from in respect of denial of the stay of arbitration as to the subject matter of the first three causes of action, to which the counterclaim stated in the answer was addressed. We strike the stay in respect of the seventh cause which seeks punitive damage, as against public policy (Matter of Publishers' Assn. of N. Y. City [Newspaper & Mail Deliverers' Union of N. Y.], 280 App Div 500). We add that there was no voluntary waiver of arbitration...

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