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Alsy Corp. v. Gindel

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 1993
197 A.D.2d 492 (N.Y. App. Div. 1993)

Summary

In Alsy Corp. v. Gindel, 197 AD2d 492 (1st Dep't 1993), the court went so far as to find, based on Nationwide, that the "reasonable relationship" test had been satisfied, despite the existence of multiple contracts: "Indeed, there is no question that there is `a reasonable relationship between the subject matter of the dispute and the general subject matter of the underlying contract[s]'."

Summary of this case from Adam Jacobs Assoc v. Cred. Suisse First Boston

Opinion

October 28, 1993

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).


In light of the obvious interrelation between the instant Employment Agreements, Certificate of Incorporation, and Termination Agreements, and since the arbitration clauses contained in the Termination Agreements pertain to "any dispute or disagreement arising out of or in connection with" the Termination Agreements, the instant controversy concerning petitioner's alleged obligation to indemnify respondents for expenses incurred in the defense of claims asserted against them in the Surrey action, falls within the broad arbitration clauses (see, Matter of Nationwide Gen. Ins. Co. v. Investors Ins. Co., 37 N.Y.2d 91). Indeed, there is no question that there is "a reasonable relationship between the subject matter of the dispute and the general subject matter of the underlying contract[s]" (supra, at 96).

We also agree with the IAS Court that the instant controversy is ripe for arbitration even though the Surrey action has not been finally adjudicated. Significant attorneys' fees have already been incurred by respondents in the defense of the Surrey lawsuit.

Concur — Wallach, J.P., Ross, Asch and Rubin, JJ.


Summaries of

Alsy Corp. v. Gindel

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 1993
197 A.D.2d 492 (N.Y. App. Div. 1993)

In Alsy Corp. v. Gindel, 197 AD2d 492 (1st Dep't 1993), the court went so far as to find, based on Nationwide, that the "reasonable relationship" test had been satisfied, despite the existence of multiple contracts: "Indeed, there is no question that there is `a reasonable relationship between the subject matter of the dispute and the general subject matter of the underlying contract[s]'."

Summary of this case from Adam Jacobs Assoc v. Cred. Suisse First Boston
Case details for

Alsy Corp. v. Gindel

Case Details

Full title:ALSY CORPORATION, Appellant, et al., Petitioners, v. ALVIN GINDEL et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 28, 1993

Citations

197 A.D.2d 492 (N.Y. App. Div. 1993)
602 N.Y.S.2d 863

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oad one as it indicates a clear intent by the parties to arbitrate, without any limitation, all issues…

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