Legal Opinion
Willoughby Rehabilitation & Health Care Center, LLC v. Webster
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2006PublishedCited by 1 opinion
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract and breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Nassau County (Austin J.), entered April 21, 2005, which denied her motion to compel arbitration.
Ordered that the order is affirmed, with costs.
“Where the terms of an agreement are clear and unambiguous, the agreement should be enforced according to the plain meaning of its terms without the need to examine extrinsic evidence to determine the parties’ intent” (Royal Sun Alliance Ins. Co. v Travelers Ins. Co., 15 AD3d 563 [2005]; see…
2Cases cited5 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- New York & Presbyterian Hospital v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Civil Service Employees Ass'n v. Plainedge Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Royal Sun Alliance Insurance v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- Blizzard Cooling, Inc. v. Park Developers & Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2015