Cusimano v. Schnurr
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
In this appeal, we must determine, first, whether the Federal Arbitration Act (FAA) (9 USC § 1 et seq.) applies to the underlying agreements and, second, whether plaintiffs waived their right to arbitrate a statute of limitations issue by having pursued their claims through litigation. We conclude that the FAA does apply and, therefore, the question of whether plaintiffs’ claims are time-barred should be determined by the arbitrator. We also find that plaintiffs did not waive their right to have the statute of limitations issue decided by the arbitrator.
Plaintiff…
2Cases cited19 opinions
- Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
- Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
- Citizens Bank v. Alafabco, Inc.Supreme Court of the United States · 2003
- Marie v. Allied Home Mortgage Corp.Court of Appeals for the First Circuit · 2005
- Wien & Malkin LLP v. Helmsley-Spear, Inc.New York Court of Appeals · 2006
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rita Cusimano v. Andrew v. Schnurr Bernard v. StrianeseNew York Court of Appeals · 2015
- Cusimano v. SchnurrAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Kensington Ins. Co. v. James Riv. Specialty Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Herrick Feinstein LLP v. BaramAppellate Division of the Supreme Court of the State of New York · 2015
- Purvi Gandi-Kapoor v. Hone Capital LLCCourt of Chancery of Delaware · 2023
1 more not listed; retrieve them via the Exa API.