Legal Opinion
O'Neill v. Krebs Communications Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2005PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), entered September 15, 2004, denying the petition to stay arbitration and granting respondent’s cross motion to compel arbitration, unanimously affirmed, with costs.
Under both New York and federal law, the courts are required to treat an agreement containing an arbitration clause as if there were two separate agreements—the substantive agreement between the parties, and the agreement to arbitrate (Matter of Weinrott [Carp], 32 NY2d 190 [1973]; see also Prima Paint Corp. v Flood & Conklin Mfg. Co., 388 US 395 [1967]). Petitioner…
2Cases cited5 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
- Sphere Drake Insurance Limited v. Clarendon National Insurance Company and Clarendon America Insurance CompanyCourt of Appeals for the Second Circuit · 2001
- Stellmack Air Conditioning & Refrigeration Corp. v. Contractors Management Systems of NH, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Lido Fabrics, Inc. v. Clinton Milis Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by4 opinions
- Cooper v. BrucknerAppellate Division of the Supreme Court of the State of New York · 2005
- Giglio v. Nisivoccia (In re Nisivoccia)United States Bankruptcy Court, E.D. New York · 2013
- Tong v. S.A.C. Capital Management, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- TANSUKH SURATWALA VS. SAILESH GANDHI (C-000093-19, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020