Legal Opinion
Curran v. Estate of Curran
Appellate Division of the Supreme Court of the State of New York
Decided August 16, 2011PublishedCited by 4 opinions
1Opinion of the Court
That branch of the motion of the defendant Estate of Thomas E Curran, Sr. (hereinafter the defendant), which was pursuant to CELR 3211 (a) (1) dismiss the complaint insofar as asserted against it should have been denied. “An agreement to arbitrate is not a defense to an action,” and thus, as here, it may not be the basis for a motion to dismiss a complaint based on documentary evidence (Allied Bldg. Inspectors Intl. Union of Operating Engrs., Local Union No. 211, AFL-CIO v Office of Labor Relations of City of N.Y., 45 NY2d 735, 738 [1978]; see CPLR 3211 [a] [1]; Nachman v Jenelo Corp., 25…
2Cases cited4 opinions
- Nastasi v. NastasiAppellate Division of the Supreme Court of the State of New York · 2005
- ALLIED BLDG. INSPECTORS INT'L UNION OF OPERATING ENG'RS, LOCAL UNION NO. 211, AFL-CIO v. Office of Labor Relations of the City of New YorkNew York Court of Appeals · 1978
- Nachman v. Jenelo Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Schwartz v. SchmergelAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
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- Wen Zong Yu v. Charles Schwab & Co.Appellate Terms of the Supreme Court of New York · 2011
- C & M 345 North Main Street, LLC v. Nikko Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- C & M 345 North Main Street, LLC v. Nikko Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2012