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MATTER OF ALLEGRO RESORTS CORPORATION v. TRANS-AMERICAINVEST (ST. KITTS) LIMITED

1 A.D.3d 269 (2003)

767 N.Y.S.2d 580

In the Matter of ALLEGRO RESORTS CORPORATION, Respondent, v. TRANS-AMERICAINVEST (ST. KITTS) LIMITED, Appellant.

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

November 20, 2003.

The IAS court correctly held that the guarantor is not a party to the lease agreement containing the arbitration clause. Although mentioned on the cover page and first paragraph of the lease, the remainder of the lease throughout provides that it is between the landlord and the tenant only, and nowhere does it refer to "all parties" rather than "both parties." In addition, the guarantor did not sign any part of the body of the lease (compare Development Bank of Philippines...

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