Legal Opinion

Greater New York Mutual Insurance v. Rankin

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 2002PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered July 10, 2001, which, inter alia, granted third-party plaintiffs’ motion to stay arbitration and denied the cross motion of third-party defendants Feathered Nest and David Bench to compel arbitration, unanimously affirmed, without costs.

Contrary to the contentions of Feathered Nest and Bench, this matter is not governed by the Federal Arbitration Act and federal law, since it does not involve a transaction in interstate commerce (see Federal Arbitration Act [9 USC] § 2).

Under New York law, the right to compel arbitration…

2Cases cited3 opinions

  1. In re the Arbitration between Waldron & GoddessNew York Court of Appeals · 1984
  2. H. I. G. Capital Management, Inc. v. LigatorAppellate Division of the Supreme Court of the State of New York · 1996
  3. County of Onondaga v. U.S. Sprint Communications Co.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. Republic of Iraq v. ABB AGDistrict Court, S.D. New York · 2011
  2. In re the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 2007
  3. AXA Equitable Life Insurance v. Infinity Financial Group, LLCDistrict Court, S.D. Florida · 2009
  4. American Personality Photos, LLC v. MasonDistrict Court, S.D. Florida · 2008
  5. Besser v. MillerAppellate Division of the Supreme Court of the State of New York · 2004

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