Legal Opinion
O'Donnell v. Arrow Electronics, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 2002PublishedCited by 5 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Arrow Electronics, Inc., appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated May 10, 2000, which granted the petition and denied its cross motion to dismiss the petition and compel arbitration.
Ordered that the order is affirmed, with costs.
The threshold issue of whether a valid agreement to arbitrate exists is for the court and not an arbitrator to decide (see Matter of Primex Intl. Corp. v Wal-Mart Stores, 89 NY2d 594, 598; Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1,…
2Cases cited5 opinions
- In re the Arbitration between the County of Rockland & Primiano Construction Co.New York Court of Appeals · 1980
- Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
- In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
- Nussdorf v. Esses & Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Hendler & Murray, P. C. v. LambertNew York Court of Appeals · 1986
3Cited by5 opinions
- AT&S Transportation, LLC v. Odyssey Logistics & Technology Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Jalas v. HalperinAppellate Division of the Supreme Court of the State of New York · 2011
- Perciballi Associates, LP v. Corporate National Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Jalas v. HalperinAppellate Division of the Supreme Court of the State of New York · 2010
- Sokoloff v. Arrow Electronics, Inc.Appellate Division of the Supreme Court of the State of New York · 2002