Legal Opinion
National Bank Ltd. v. Security Management Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2006PublishedCited by 1 opinion
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Charles J. Tejada, J.), entered January 23, 2006, granting petitioner’s application to stay arbitration, unanimously affirmed, with costs.
Respondent was not an intended beneficiary of the agreement to which it was not a party, and thus was not entitled to invoke its arbitration clause. The best evidence of an intent to benefit a third party is the language of the agreement itself (243-249 Holding Co. v Infante, 4 AD3d 184, 185 [2004]), and nothing therein other than the solitary mention of respondent’s commission, which was…
2Cases cited3 opinions
- Choctaw Generation Limited Partnership v. American Home Assurance CompanyCourt of Appeals for the Second Circuit · 2001
- 243-249 Holding Co. v. InfanteAppellate Division of the Supreme Court of the State of New York · 2004
- In re the Arbitration between Groval Knitted Fabrics, Inc. & AlcottNew York Supreme Court · 1971
3Cited by1 opinion
- City of Almaty, Kazakhstan v. SaterDistrict Court, S.D. New York · 2019