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6 New York opinions name it 2 courts 2012–2018 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.green2 sentences2013The leading case in New York is Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp. ( 4 NY3d 247, 252 [2005]) where the Court of Appeals interpreted section 2 of the Federal Arbitration Act and Allied-Bruce to mean that a broad standard must be applied in determining whether a contract has a sufficient nexus with interstate commerce so “where a contract containing an arbitration provision ‘affects’ interstate commerce, disputes arising thereunder are subject to the FAA.” The Court of Appeals concluded that the construction project arising from the contract to repair and recons 2012The plaintiff is correct that, as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, and is therefore not subject to the Federal Arbitration Act (see Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp., 4 NY3d 247, 252 [2005]), the agree ment and the arbitration process are subject to the New York rule that “threshold Statute of Limitations questions are for the courts” as opposed to the arbitrator (id. at 253 [internal quotation marks omitted]; see Matter of Paver & Wildfoerster [Catholic High School Assn.], 38 NY2d | 2 | 2 |
Mag Portfolio Consult, Gmbh v. Merlin Biomed Group LLC and Merlin Biomed Advisors LLCgreen2 sentences2012Even if estoppel may be raised in this situation, a nonsignatory may be estopped from avoiding arbitration where it “knowingly accepted the benefits of an agreement with an arbitration clause” (MAG Portfolio Consultant, GMBH v Merlin Biomed Group LLC, 268 F3d 58, 61 [2d Cir 2001] [internal quotation marks omitted]). 2012Even if estoppel may be raised in this situation, a nonsignatory may be estopped from avoiding arbitration where it “knowingly accepted the benefits of an agreement with an arbitration clause” (MAG Portfolio Consultant, GMBH v Merlin Biomed Group LLC, 268 F3d 58, 61 [2d Cir 2001] [internal quotation marks omitted]). | 2 | 2 |
Oxbow Calcining USA Inc. v. American Industrial Partnersgreen2 sentences2015While “a nonsignatory may be estopped from avoiding arbitration where it knowingly accepted the benefits of an agreement with an arbitration clause” (Oxbow Calcining, 96 AD3d at 649 [internal quotation marks omitted]), Fidus has not shown that TBA Buyer received any benefit, much less a “direct” benefit required to support an estoppel claim (id.), from the Fidus/ Seller agreement. 2015While "a nonsignatory may be estopped from avoiding arbitration where it knowingly accepted the benefits of an agreement with an arbitration clause" ( Oxbow Calcining , 96 AD3d at 649 [internal quotation marks omitted]), Fidus has not shown that TBA Buyer received any benefit, much less a "direct" benefit required to support an estoppel claim ( id. ), from the Fidus/Seller agreement. | 1 | 1 |
Kudler v. Truffelmangreen1 sentence2013Assoc. v Tausend, 19 NY3d 597, 601 [2012] [“(t)he Federal Arbitration Act. . . applies to any arbitration provision in a contract that affects interstate commerce”]; Siegel v Landy, 95 AD3d 989, 991 [2d Dept 2012] [“as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, (it) is therefore not subject to the Federal Arbitration Act”]; see also Kudler v Truffelman, 93 AD3d 549 [1st Dept 2012]). | 1 | 1 |
Siegel v. Landygreen1 sentence2013Assoc. v Tausend, 19 NY3d 597, 601 [2012] [“(t)he Federal Arbitration Act. . . applies to any arbitration provision in a contract that affects interstate commerce”]; Siegel v Landy, 95 AD3d 989, 991 [2d Dept 2012] [“as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, (it) is therefore not subject to the Federal Arbitration Act”]; see also Kudler v Truffelman, 93 AD3d 549 [1st Dept 2012]). | 1 | 1 |
N.J.R. Associates v. Tausendgreen1 sentence2013Assoc. v Tausend, 19 NY3d 597, 601 [2012] [“(t)he Federal Arbitration Act. . . applies to any arbitration provision in a contract that affects interstate commerce”]; Siegel v Landy, 95 AD3d 989, 991 [2d Dept 2012] [“as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, (it) is therefore not subject to the Federal Arbitration Act”]; see also Kudler v Truffelman, 93 AD3d 549 [1st Dept 2012]). | 1 | 1 |
Shah v. Monpat Construction, Inc.green1 sentence2012The plaintiff is correct that, as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, and is therefore not subject to the Federal Arbitration Act (see Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp., 4 NY3d 247, 252 [2005]), the agree ment and the arbitration process are subject to the New York rule that “threshold Statute of Limitations questions are for the courts” as opposed to the arbitrator (id. at 253 [internal quotation marks omitted]; see Matter of Paver & Wildfoerster [Catholic High School Assn.], 38 NY2d | 1 | 1 |
CSAM Capital, Inc. v. Laudergreen1 sentence2012The plaintiff is correct that, as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, and is therefore not subject to the Federal Arbitration Act (see Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp., 4 NY3d 247, 252 [2005]), the agree ment and the arbitration process are subject to the New York rule that “threshold Statute of Limitations questions are for the courts” as opposed to the arbitrator (id. at 253 [internal quotation marks omitted]; see Matter of Paver & Wildfoerster [Catholic High School Assn.], 38 NY2d | 1 | 1 |
In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'ngreen1 sentence2012The plaintiff is correct that, as a general matter, where, as here, an agreement with an arbitration clause does not affect interstate commerce, and is therefore not subject to the Federal Arbitration Act (see Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp., 4 NY3d 247, 252 [2005]), the agree ment and the arbitration process are subject to the New York rule that “threshold Statute of Limitations questions are for the courts” as opposed to the arbitrator (id. at 253 [internal quotation marks omitted]; see Matter of Paver & Wildfoerster [Catholic High School Assn.], 38 NY2d | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
American Bureau Of Shipping v. Tencara Shipyard S.P.A.
green
2 sentences2012The benefits must be direct, and the party seeking to compel arbitration must demonstrate that the party seeking to avoid arbitration relies on the terms of the agreement containing the arbitration provision in pursuing its claim (see Matter of SSL Intl., PLC v Zook, 44 AD3d 429 [2007]; American Bur. of Shipping v Tencara Shipyard S.P.A., 170 F3d 349 , 353 [2d Cir 1999]). 2012The benefits must be direct, and the party seeking to compel arbitration must demonstrate that the party seeking to avoid arbitration relies on the terms of the agreement containing the arbitration provision in pursuing its claim (see Matter of SSL Intl., PLC v Zook, 44 AD3d 429 [2007]; American Bur. of Shipping v Tencara Shipyard S.P.A., 170 F3d 349 , 353 [2d Cir 1999]). | 2 | 2012–2012 |
People ex rel. Pressley v. Warden of Rikers Island Correctional Facility
green
2 sentences2012The benefits must be direct, and the party seeking to compel arbitration must demonstrate that the party seeking to avoid arbitration relies on the terms of the agreement containing the arbitration provision in pursuing its claim (see Matter of SSL Intl., PLC v Zook, 44 AD3d 429 [2007]; American Bur. of Shipping v Tencara Shipyard S.P.A., 170 F3d 349 , 353 [2d Cir 1999]). 2012The benefits must be direct, and the party seeking to compel arbitration must demonstrate that the party seeking to avoid arbitration relies on the terms of the agreement containing the arbitration provision in pursuing its claim (see Matter of SSL Intl., PLC v Zook, 44 AD3d 429 [2007]; American Bur. of Shipping v Tencara Shipyard S.P.A., 170 F3d 349 , 353 [2d Cir 1999]). | 2 | 2012–2012 |
Matter of Cammarata v. InfoExchange, Inc.
green
1 sentence2018Further, even a nonsignatory may be estopped from avoiding arbitration where he knowingly accepted the benefits of an agreement with an arbitration clause ( see Matter of Cammarata v InfoExchange, Inc. , 122 AD3d 459 [1st Dept 2014]). | 1 | 2018–2018 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.