Legal Opinion
GAF Corp. v. Werner
New York Court of Appeals
Decided October 22, 1985PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Under the Federal Arbitration Act it is not a basis for stay of arbitration that the arbitrator may be called upon to consider issues of waste and overreaching on the part of a corporate officer that are also involved in an action under Business Corporation Law § 720 brought by the corporation against the officer, or that a party to the court proceeding may later argue that the arbitrator’s determination should be given preclusive effect. The order of the Appellate Division should, therefore, be reversed, with costs, and the order of Special Term, New York County,…
2Cases cited26 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Southland Corp. v. KeatingSupreme Court of the United States · 1984
- Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Flanagan v. Prudential-Bache Securities, Inc.New York Court of Appeals · 1986
- AMF INC. v. Brunswick Corp.District Court, E.D. New York · 1985
- In re the Arbitration between Teleserve Systems, Inc. & MCI Telecommunications Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Tucker Leasing Capital Corp. v. Marin Medical Management, Inc.District Court, E.D. New York · 1993
- Anderson Street Realty Corp. v. New Rochelle Revitalization, LLCAppellate Division of the Supreme Court of the State of New York · 2010
13 more not listed; retrieve them via the Exa API.