Legal Opinion

Gibbs v. Holland & Knight, LLP

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

Decided October 11, 2016No. 159345/14 1875N 1874PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered April 30, 2015, which granted defendant’s motion to compel arbitration and stay this action, and order, same court and Justice, entered October 22, 2015, which denied plaintiff’s motion for renewal, unanimously affirmed, with costs.

The motion court correctly found that, although plaintiff had not signed the partnership agreement containing the arbitration provision, he had assumed the duty to arbitrate by annually agreeing to be bound by the partnership agreement and by repeatedly invoking the dispute resolution…

2Cases cited3 opinions

  1. Thomson-Csf, S.A. v. American Arbitration Association, Evans & Sutherland Computer CorporationCourt of Appeals for the Second Circuit · 1995
  2. Rita Cusimano v. Andrew v. Schnurr Bernard v. StrianeseNew York Court of Appeals · 2015
  3. LaRosa v. ArbusmanAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Matter of NBC Universal Media, LLC v. StrauserAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of NBC Universal Media, LLC v. StrauserAppellate Division of the Supreme Court of the State of New York · 2021

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