MATTER OF OPTIMARK TECHNOLOGIES, INC. v. INTERNATIONAL EXCHANGE NETWORKS, LTD.


288 A.D.2d 75 (2001)

732 N.Y.S.2d 413

In the Matter of OPTIMARK TECHNOLOGIES, INC., et al., Petitioners, and OPTIMARK HOLDINGS, INC., et al., Appellants-Respondents, v. INTERNATIONAL EXCHANGE NETWORKS, LTD., Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 15, 2001.


The CPLR article 75 court correctly held that since the signatory to the arbitration agreement expressly executed it on behalf of affiliates, and since it reaffirmed that agreement in an amendment after appellant affiliates had been formed, this case falls within the "limited circumstances" in which it is permissible "to impute the intent to arbitrate to a nonsignatory," there being clear indication of appellant affiliates' intent to arbitrate (see, TNS Holdings v MKI...

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