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GAF CORP. v. WERNER

66 N.Y.2d 97 (1985)

GAF Corporation, Respondent, v. Jesse Werner, Appellant, et al., Defendants. (Action No. 1.) In the Matter of the Arbitration between GAF Corporation, Respondent, and Jesse Werner, Appellant. (Proceeding No. 2.) Jesse Werner, Appellant, v. GAF Corporation, Respondent, et al., Defendants. (Action No. 3.)

Court of Appeals of the State of New York.

Decided October 22, 1985.

Attorney(s) appearing for the Case

Arthur Richenthal for appellant.

Norman Solovay, Harvey J. Goldschmid, David R. Foley, R. Nicholas Gimbel and Mark H. Moore for respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and TITONE concur; Judge ALEXANDER taking no part.

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...

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