Legal Opinion

Merritt Engineering Consultants, P.C. v. 55 Liberty Owners' Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2005PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Marcy Friedman, J.), entered on or about April 7, 2004, which dismissed the petition to stay arbitration and directed the parties to proceed to arbitration, unanimously affirmed, with costs.

As the Court of Appeals recently held in a related action, the instant construction project, involving extensive repair to the roof and facade of respondent’s building, and the subject of the parties’ Project Consultants Agreement, affected interstate commerce, thus invoking the Federal Arbitration Act (see 9 USC § 1 et seq.; and see Matter of Diamond Waterproofing…

2Cases cited3 opinions

  1. Citizens Bank v. Alafabco, Inc.Supreme Court of the United States · 2003
  2. Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.New York Court of Appeals · 2005
  3. Hamershlag, Kempner & Co. v. OestrichAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. May v. AnspachAppellate Division of the Supreme Court of the State of New York · 2005
  2. Nomura Securities International, Inc. v. CIBC World Markets Corp.New York Supreme Court · 2005

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