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Matter of Shearson Lehman Brothers v. Kramer

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1994
205 A.D.2d 457 (N.Y. App. Div. 1994)

Summary

In Matter of Shearson Lehman Bros. v. Kramer (205 A.D.2d 457, 458), the Appellate Division, First Department, made the following observation: "The [lower] court having exercised its jurisdiction to rule that any such arbitration must take place in New York City, its jurisdiction to decide other issues * * * could not be divested through the simple expedient of withdrawing a demand that constituted a consent to jurisdiction and replacing it with another demand that did not constitute consent to jurisdiction.

Summary of this case from Povinelli

Opinion

June 28, 1994

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


There is no dispute that by electing arbitration before the American Arbitration Association under the rules of the American Stock Exchange, respondent consented to the jurisdiction of New York courts to decide justiciable issues relating to that arbitration (see, Dain Bosworth, Inc. v. Fedora, 1993 US Dist LEXIS 1139, [*] 3-4 [S.D.N.Y., Feb. 3, 1993, Martin, J.]). The court having exercised its jurisdiction to rule that any such arbitration must take place in New York City, its jurisdiction to decide other issues, such as whether the claims are time-barred, could not be divested through the simple expedient of withdrawing a demand that constituted a consent to jurisdiction and replacing it with another demand that did not constitute consent to jurisdiction. Once obtained, the court's jurisdiction was general, and thus it was proper for petitioners to seek a stay of arbitration of the time-barred claims in the same proceeding they brought to stay the arbitration that respondent wanted to take place in Dallas. We have considered respondent's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Wallach, Williams and Tom, JJ.


Summaries of

Matter of Shearson Lehman Brothers v. Kramer

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1994
205 A.D.2d 457 (N.Y. App. Div. 1994)

In Matter of Shearson Lehman Bros. v. Kramer (205 A.D.2d 457, 458), the Appellate Division, First Department, made the following observation: "The [lower] court having exercised its jurisdiction to rule that any such arbitration must take place in New York City, its jurisdiction to decide other issues * * * could not be divested through the simple expedient of withdrawing a demand that constituted a consent to jurisdiction and replacing it with another demand that did not constitute consent to jurisdiction.

Summary of this case from Povinelli
Case details for

Matter of Shearson Lehman Brothers v. Kramer

Case Details

Full title:In the Matter of SHEARSON LEHMAN BROTHERS, INC., et al., Respondents, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 1994

Citations

205 A.D.2d 457 (N.Y. App. Div. 1994)
613 N.Y.S.2d 886

Citing Cases

R.C. Metell Constr., Inc. v. Sandler

While the parties' contract did not specify a particular location in which any arbitration proceedings…

Povinelli

(Emphasis supplied.) In Matter of Shearson Lehman Bros. v. Kramer ( 205 A.D.2d 457, 458), the Appellate…