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Dwyer v. Biddle

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1948
274 App. Div. 903 (N.Y. App. Div. 1948)

Summary

In Dwyer v Biddle (274 App. Div. 903), the defendant doctor required the patient to sign a contract containing an arbitration clause.

Summary of this case from Miner v. Walden

Opinion

October 25, 1948.


In an action to recover damages for malpractice, order denying motion of defendant for a stay of the action until arbitration be had between the parties, affirmed, with $10 costs and disbursements. There is no satisfactory showing of the existence of a reciprocally enforcible written contract of the parties containing the claimed arbitration clause. (Civ. Prac. Act, §§ 1449, 1451; Matter of Silvers, 14 N.Y.S.2d 820, 822; Matter of Tanenbaum Textile Co. v. Schlanger, 287 N.Y. 400.) Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.


Summaries of

Dwyer v. Biddle

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1948
274 App. Div. 903 (N.Y. App. Div. 1948)

In Dwyer v Biddle (274 App. Div. 903), the defendant doctor required the patient to sign a contract containing an arbitration clause.

Summary of this case from Miner v. Walden
Case details for

Dwyer v. Biddle

Case Details

Full title:MARGUERITE DWYER et al., Respondents, v. A. GRAHAM BIDDLE, Appellant

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

Date published: Oct 25, 1948

Citations

274 App. Div. 903 (N.Y. App. Div. 1948)

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