Legal Opinion

Zack Associates, Inc. v. Setauket Fire District

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

Decided November 8, 2004PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Molía, J.), dated May 13, 2003, as denied those branches of its motion which were for summary judgment dismissing the complaint and on its counterclaim to recover all money paid pursuant to the contract.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant contends that the complaint should have been dismissed because the underlying contracts provided that all disputes were to be resolved by mediation/arbitration. However,…

2Cases cited7 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
  4. Citiwide News, Inc. v. New York City Transit AuthorityNew York Court of Appeals · 1984
  5. B.C.I. Industrial Catering, Inc. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1998

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Town of Angelica v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
  2. Aviation Data, Inc. v. American Express Travel Related Services Co.California Court of Appeal · 2007
  3. St. Paul Travelers Companies, Inc. v. Joseph Mauro & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Quest Diagnostics Inc. v. County of SuffolkNew York Supreme Court · 2008
  5. TOWN OF ANGELICA v. SMITH, JOEL S.Appellate Division of the Supreme Court of the State of New York · 2011

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