American-British T.V. Movies v. KOPR-TV, Copper Broadcasting Co.

• Decision Date: 16 August 1955
• Docket Number: COPPER,KOPR-T,AMERICAN-BRITISH
• Citation: American-British T.V. Movies v. KOPR-TV, Copper Broadcasting Co., 144 N.Y.S.2d 548 (N.Y. Sup. Ct. 1955)
• Parties: T. V. MOVIES, Inc., Judgment Creditor, v.BROADCASTING CO., Judgment Debtor.
• Court: New York Supreme Court

Page 548

144 N.Y.S.2d 548

AMERICAN-BRITISH T. V. MOVIES, Inc., Judgment Creditor, v. KOPR-TV, COPPER BROADCASTING CO., Judgment Debtor.

Supreme Court, Special Term, New York County, Part I.

Aug. 16, 1955.

David Kallman, New York City, for judgment creditor.

Morris L. Bower, New York City, appearing specially, for judgment debtor.

STREIT, Justice.

The judgment creditor moves for an order directing the third party to make a payment on account of its judgment. The judgment debtor, appearing specially, counters with a cross motion to vacate the judgment and the third party subpoena on the ground that the judgment was obtained without acquiring jurisdiction over the person of the judgment debtor.

The judgment debtor is a Montana corporation with its principal place of business at Butte, Montana. The judgment was entered upon an order confirming an award of arbitrators made in this state, without any service upon the debtor in this state and without any appearance by it before the arbitrators or upon the motion to confirm. Section 1450, Civil Practice Act, provides that 'The making of a contract * * * providing for arbitration in this state, shall be deemed a consent of the parties thereto to the jurisdiction of the supreme court of this state to enforce such contract * * * and to enter judgment on an award thereon.' See also: Gantt v. Felipe Y. Carlos Hurtado & Cia, 297 N.Y. 433, 79 N.E.2d 815; Republique Francaise v. Cellosilk Mfg. Co., Sup., 124 N.Y.S.2d 93.

The alleged contracts between the judgment creditor and the judgment debtor did not expressly state where the arbitration therein provided for was to take place. They did, however, stipulate that arbitration was to be had 'under the current rules and regulations of the American Arbitration Association.' Those rules authorize the Association to fix the place of the arbitration. Section 10 of Article III provides that if the parties do not agree 'on the locality the Administrator shall have power to determine the locality and its decision shall be final and binding.' The Association fixed New York as the locale for the arbitration. The alleged contracts, therefore, in effect, authorized the arbitration to be held in New York State and, if valid, constituted a submission to the jurisdiction of our courts. Bradford Woolen Corporation v. Freedman, 189 Misc. 242, 71 N.Y.S.2d 257. It is to be noted that the alleged contracts also provided that they were to be construed 'under the laws of the State of New York.' The fact that no copy of the rules and regulations of the American Arbitration Association was furnished to the judgment debtor is immaterial. Level Export Corp. v. Wolz, Aiken & Co., 305 N.Y. 82, 87, 111 N.E.2d 218, 220.

The...