Legal Opinion
TNS Holdings, Inc. v. MKI Securities Corp.
New York Court of Appeals
Decided October 22, 1998PublishedCited by 183 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
At issue on this appeal is whether a corporation that is related to, but not itself, a party to an agreement containing an arbitration clause can be compelled to arbitrate a dispute arising from an alleged breach of that agreement. We conclude that, absent a showing of abuse of the corporate form, the non-signatory corporation cannot be compelled to arbitrate.
L
Plaintiffs-respondents, TNS Holdings, Inc. and two of its officers and major shareholders, Richard Zachar and George Bloukos, have brought this action against MAI and two of its subsidiaries, MKI and…
2Cases cited12 opinions
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
- Walkovszky v. CarltonNew York Court of Appeals · 1966
- In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
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3Cited by183 opinions
- Cargo Partner Ag v. Albatrans, Inc. And Chase, Leavitt (Customhouse Brokers) Inc.Court of Appeals for the Second Circuit · 2003
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- Barrows v. Brinker Restaurant CorporationCourt of Appeals for the Second Circuit · 2022
- Bravado International Group Merchandising Services, Inc. v. Ninna, Inc.District Court, E.D. New York · 2009
- MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
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