§Why CasetextPricing

Rita Cusimano,, et al., Respondents,v.Andrew V. Schnurr, CPA, et al., Appellants. Bernard V. Strianese, et al., Intervenors-Appellants.

Brief

25 Cited authorities

  1. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,871 times   47 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  2. Allied-Bruce Terminix Cos. v. Dobson

    513 U.S. 265 (1995)   Cited 1,600 times   12 Legal Analyses
    Holding that term "involving commerce" reflects "an intent to exercise Congress' commerce power to the full"

  3. Citizens Bank v. Alafabco, Inc.

    539 U.S. 52 (2003)   Cited 490 times   3 Legal Analyses
    Holding the FAA applies to all transactions "affecting commerce-words of art that ordinarily signal the broadest permissible exercise of Congress' Commerce Clause power"

  4. Thyssen, Inc. v. Calypso Shipping Corp., S.A

    310 F.3d 102 (2d Cir. 2002)   Cited 154 times
    Holding that " letter of undertaking replaces the vessel as the res and moots the question of the need for separate in rem claim"

  5. Diamond Sys. v. 55 Liberty

    4 N.Y.3d 247 (N.Y. 2005)   Cited 123 times   1 Legal Analyses
    Holding that the FAA applied since the out-of-state parties were involved in the transaction and various materials were obtained from out-of-state

  6. Stark v. Molod Spitz Desantis

    2007 N.Y. Slip Op. 7740 (N.Y. 2007)   Cited 108 times
    In Stark, defendant's participation in a special hearing proceeding and two plenary actions did not waive arbitration because those proceedings addressed pressing needs.

  7. Sherrill v. Grayco Builders

    64 N.Y.2d 261 (N.Y. 1985)   Cited 201 times   1 Legal Analyses
    Holding that where two agreements with similar subject matter exist, but involve different signatories and impose independent obligations, the arbitration provision in the first does not carry into the second

  8. La. Stadium & Exposition Dist. v. Merrill Lynch, Pierce, Fenner & Smith Inc.

    626 F.3d 156 (2d Cir. 2010)   Cited 93 times   1 Legal Analyses
    Finding waiver and forum shopping when the plaintiff moved for arbitration after defendants filed a motion to remove the case to federal court, filed a motion to transfer the case to the Southern District of New York, moved to stay the proceedings pending a related decision from the Multidistrict Litigation Panel, submitted a lengthy letter identifying deficiencies in the plaintiff's second amended complaint, filed an answer to the plaintiff's third amended complaint, and began work on a motion for judgment on the pleadings

  9. De Sapio v. Kohlmeyer

    35 N.Y.2d 402 (N.Y. 1974)   Cited 243 times   1 Legal Analyses
    Holding that a defendant who had pled arbitration as an affirmative defense had nevertheless waived arbitration by engaging in protracted litigation and noting that "the existence of an arbitration agreement is not a defense"

  10. Adams v. Suozzi

    433 F.3d 220 (2d Cir. 2005)   Cited 90 times
    Considering issues of contract formation prior to enforcement of arbitration clause

  11. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,842 times   116 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"