Legal Opinion
Da Silva v. Savo
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2006PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Richmond County (Aliotta, J.), dated June 6, 2006, which denied their motion pursuant to CPLR 7503 (b) for a stay of arbitration.
Ordered that the order is affirmed, with costs.
“Generally, under New York statutory and case law, a court may address three threshold questions on a motion to compel or to stay arbitration: (1) whether the parties made a valid agreement to arbitrate; (2) if so, whether the agreement has been complied with; and (3) whether the claim sought to…
2Cases cited8 opinions
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
- Fade v. Pugliani/FadeAppellate Division of the Supreme Court of the State of New York · 2004
- Knoll v. Datek Securities Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Sullivan v. Troser Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Cognetta v. Valencia Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morales v. American Apparel, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- McDonald v. SavoAppellate Division of the Supreme Court of the State of New York · 2018
- Morales v. American Apparel, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Town of Orangetown v. Rockland County Policemen's Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2013
- Town of Orangetown v. Rockland County Policemen's Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2013