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GREATER NEW YORK MUTUAL INSURANCE COMPANY v. RANKIN

298 A.D.2d 263 (2002)

748 N.Y.S.2d 381

GREATER NEW YORK MUTUAL INSURANCE COMPANY, Plaintiff, v. DAVID RANKIN et al., Defendants. DAVID RANKIN et al., Third-Party Plaintiffs-Respondents, v. SUCCESS CLUB INTERNATIONAL et al., Third-Party Defendants, and FEATHERED NEST et al., Third-Party Defendants-Appellants.

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

Decided October 22, 2002.

Contrary to the contentions of Feathered Nest and Hench, this matter is not governed by the Federal Arbitration Act and federal law, since it does not involve a transaction in interstate commerce (see Federal Arbitration Act [9 USC] § 2).

Under New York law, the right to compel arbitration does not extend to a party that has not signed the agreement pursuant to which arbitration is sought unless the right of the nonsignatory is expressly provided for in...

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