Legal Opinion
Rita Cusimano v. Andrew v. Schnurr Bernard v. Strianese
New York Court of Appeals
Decided December 16, 2015No. 200PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The issues presented by this appeal are whether the Federal Arbitration Act (FAA) is applicable to disputes arising under the agreements at issue and, if so, whether plaintiffs Rita and Dominic Cusimano waived their right to arbitrate by pursuit of this litigation. We hold that the FAA does apply, but that plaintiffs waived their right to arbitrate.
This appeal concerns three commercial agreements entered into among family members regarding family-owned entities. Each agreement was executed by New York residents 1 and each contains a provision stating…
2Cases cited18 opinions
- Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
- Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
- Perry Homes v. CullTexas Supreme Court · 2008
- Citizens Bank v. Alafabco, Inc.Supreme Court of the United States · 2003
- Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cusimano v. SchnurrAppellate Division of the Supreme Court of the State of New York · 2016
- Skyline Steel, LLC v. PilePro LLCAppellate Division of the Supreme Court of the State of New York · 2016
- iPayment, Inc. v. GraingerCourt of Appeals of North Carolina · 2018
- Gibbs v. Holland & Knight, LLPAppellate Division of the Supreme Court of the State of New York · 2016
- JSBarkats PLLC v. Response Scientific Inc.Appellate Division of the Supreme Court of the State of New York · 2017
18 more not listed; retrieve them via the Exa API.