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LUCAS AEROSPACE, LTD. v. ADVANCED EXECUTIVE AIRCRAFT LIMITED

292 A.D.2d 201 (2002)

738 N.Y.S.2d 211

LUCAS AEROSPACE, LTD., Appellant, v. ADVANCED EXECUTIVE AIRCRAFT LIMITED, Respondent.

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

Decided March 7, 2002.

The IAS court properly declined to hold an evidentiary hearing concerning the validity of the arbitration agreement, since petitioner failed to raise a genuine issue on the matter (see, Doctor's Assoc. v Jabush, 89 F.3d 109, 114). The issues of waiver, res judicata and the applicable statutory time limitations were properly referred to the arbitrators, in light of the parties' broad arbitration clause and simple New York choice of...

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