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IN THE MATTER OF O'NEILL v. KREBS COMMUNICATIONS CORP.

16 A.D.3d 144 (2005)

790 N.Y.S.2d 451

In the Matter of PAUL O'NEILL, Appellant, v. KREBS COMMUNICATIONS CORP., Respondent.

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

March 3, 2005.

Under both New York and federal law, the courts are required to treat an agreement containing an arbitration clause as if there were two separate agreements—the substantive agreement between the parties, and the agreement to arbitrate (Matter of Weinrott [Carp], 32 N.Y.2d 190 [1973]; see also Prima Paint Corp. v Flood & Conklin Mfg. Co., 388 U.S. 395 [1967]). Petitioner claims...

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