Legal Opinion

Ragucci v. Professional Construction Services

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

Decided October 31, 2005PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

Krausman, J.

More than 20 years ago, the Legislature enacted General Business Law § 399-c, which prohibits the use of mandatory arbitration clauses in contracts for the sale or purchase of “consumer goods.” We are now asked to examine the scope of General Business Law § 399-c, and determine whether it applies to a contract to provide architectural services in connection with the construction of a home. For the reasons which follow, we find that the parties’ contract falls within the statute’s broad definition of “consumer goods,” and that the clause requiring the plaintiff…

2Cases cited9 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  3. Cohen v. LordNew York Court of Appeals · 1989
  4. Rosner v. Metropolitan Property & Liability InsuranceNew York Court of Appeals · 2001
  5. People ex rel. Harris v. SullivanNew York Court of Appeals · 1989

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3Cited by23 opinions

  1. Janssen v. Incorporated Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
  3. Erin Construction & Development Co. v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2009
  4. New York Telephone Co. v. Supervisor of Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2010
  5. Wang v. Phoenix Satellite Television US, Inc.District Court, S.D. New York · 2013

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