contract containing the arbitration clause in New York

1988Corp. (Carnac Textiles) ( 45 NY2d 327 ) from the matter before it by observing that “[tjhere, contradictory contract forms were exchanged between the parties; neither party had signed the other’s form and no evidence existed that the recipient of the contract containing the arbitration clause was aware of its presence or had agreed to arbitrate” (Michel & Co. v Anabasis Trade, supra, at 952).

1984Corp. [Carnac Textiles], 45 NY2d 327 ; Schubtex, Inc. v Allen Snyder, Inc., 49 NY2d 1 ).

1977Thus, we have recently held that the issue as to whether the contract containing the arbitration clause has been abandoned was for the arbitrator and not the court (Matter of Macy & Co. [National Sleep Prods.], 39 NY2d 268, 270-271 ).

1977Thus, we have recently held that the issue as to whether the contract containing the arbitration clause has been abandoned was for the arbitrator and not the court (Matter of Macy & Co. [National Sleep Prods.], 39 NY2d 268, 270-271 ).

1977Similarly, whether the agreement containing the arbitration clause had been superseded by a later agreement between the parties was for the arbitrator (Matter of Riccardi [Modern Silver Linen Supply Co.], 36 NY2d 945, 947 ).

1977Similarly, whether the agreement containing the arbitration clause had been superseded by a later agreement between the parties was for the arbitrator (Matter of Riccardi [Modern Silver Linen Supply Co.] 36 NY2d 945, 947 ).

2013(American Bur. of Shipping v Tencara Shipyard S.P.A., 170 F3d 349 [2d Cir 1999]; Life Tech.

2013Mgrs. v Optibase, Ltd., 337 F3d 125 [2d Cir 2003]; Republic of Iraq v ABB AG, 769 F Supp 2d 605 [SD NY 2011].) A party is estopped from denying its obligation to arbitrate a dispute when it has received a direct benefit from the contract containing the arbitration clause.

2013Mgrs. v Optibase, Ltd., 337 F3d 125 [2d Cir 2003]; Republic of Iraq v ABB AG, 769 F Supp 2d 605 [SD NY 2011].) A party is estopped from denying its obligation to arbitrate a dispute when it has received a direct benefit from the contract containing the arbitration clause.

2010Since the defendants failed to dispute the plaintiff’s assertion that every structure was removed from the subject property prior to the commencement of construction of the new home, no substantial question was raised as to whether the plaintiff was engaged in home improvement and, concomitantly, whether the contract containing the arbitration clause was unenforceable because the plaintiff was unlicensed to perform home improvements in the Village of East Hampton at the time it executed the contract (see CPLR 7503 [a]; Nasso v Loeb & Loeb, LLP, 19 AD3d 465 [2005]; Matter of Chapnick v Cohen, 2

2010Since the defendants failed to dispute the plaintiff’s assertion that every structure was removed from the subject property prior to the commencement of construction of the new home, no substantial question was raised as to whether the plaintiff was engaged in home improvement and, concomitantly, whether the contract containing the arbitration clause was unenforceable because the plaintiff was unlicensed to perform home improvements in the Village of East Hampton at the time it executed the contract (see CPLR 7503 [a]; Nasso v Loeb & Loeb, LLP, 19 AD3d 465 [2005]; Matter of Chapnick v Cohen, 2

1991As this court stated the rule, "whether the contract containing the arbitration clause had been terminated, is an issue to be determined in arbitration” (Matter of Popular Publ. [McCall Corp.], 36 AD2d 927, 928 , lv denied 29 NY2d 483 ).

1991In deciding the applications before it in favor of petitioner, Supreme Court relied on Matter of Waldron (Goddess) ( 61 NY2d 181, 185 ) in which the Court of Appeals held that an arbitration provision in an expired employment contract was ineffectual even though the employee seeking to compel arbitration continued to work for the employer.

1984The dispute as to Freeman’s authority to bind petitioner is not unlike that found in Matter of Brookfield Clothes v Tandler Textiles ( 78 AD2d 841 ), where we required a hearing to determine whethj» the agent who signed the contract containing the arbitration clause was acting on behalf of the principal and had the authority to bind the corporation. 1i Only persons who have expressly agreed to arbitrate can be compelled to do so (Matter of Marlene Inds.

1984Corp. [Carnac Textiles], 45 NY2d 327 ; Schubtex, Inc. v Allen Snyder, Inc., 49 NY2d 1 ).

1958Respondent relies heavily upon Matter of Publishers’ Assn. ( 280 App. Div. 500 ) where the court refused to permit arbitrators to award money penalties although the contract expressly authorized them to do so.

1956Under such conditions, one of two members of a partnership may demand arbitration without the consent of the other partner as such partner is an agent of the partnership (Partnership Law, § 20, subd. 1; Matter of Damsker [Carey], 283 App. Div. 719 ).

1949In the absence of prior rescission petitioner cannot avoid arbitration; to avoid arbitration he must have avoided and rescinded the contract containing the arbitration clause (Matter of Kahn [National City Bank], 284 N. Y. 515 ).