Legal Opinion
Marracino v. Alexander
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 2010PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Green, J.
The public policy of this State favors the resolution of disputes through arbitration and other alternatives to litigation (see Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co. of Am., 37 NY2d 91, 95 [1975]; Ferguson Elec. Co. v Kendal at Ithaca, 274 AD2d 890, 891 [2000]). Parties who elect to resolve their disputes through arbitration may not thereafter litigate claims that were the subject of arbitration (see Gibeault v Home Ins. Co., 221 AD2d 826, 827 [1995]). Indeed, when a dispute has proceeded to arbitration and an award has been made, a complaint…
2Cases cited23 opinions
- Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
- Goldfinger v. LiskerNew York Court of Appeals · 1986
- Mobil Oil Indonesia Inc. v. Asamera Oil (Indonesia) Ltd.New York Court of Appeals · 1977
- In Re the Arbitration Between Bullard & Morgan H. Grace Co.New York Court of Appeals · 1925
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3Cited by3 opinions
- Siegel v. LandyAppellate Division of the Supreme Court of the State of New York · 2012
- In Re the Arbitration Between Gerber Homes & Additions, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Ventillo v. County of Rockland Sheriff's Dept.Appellate Division of the Supreme Court of the State of New York · 2022