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DIAMOND SYS. v. 55 LIBERTY

4 N.Y.3d 247 (2005)

826 N.E.2d 802

793 N.Y.S.2d 831

In the Matter of DIAMOND WATERPROOFING SYSTEMS, INC., Appellant, v. 55 LIBERTY OWNERS CORP., Respondent.

Court of Appeals of the State of New York.

Decided March 24, 2005.

Attorney(s) appearing for the Case

Ira L. Hyams, P.C., Somers (Ira L. Hyams of counsel), for appellant.

Anderson & Ochs, LLP, New York City (Steven S. Anderson and Jason A. Stern of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, the issues presented are whether the Federal Arbitration Act (9 USC § 1 et seq. [FAA]) governs the parties' contract dispute and, if so, whether the question as to the timeliness of the subject arbitration demand is an issue for the arbitrator or the courts. We conclude that the FAA is applicable here as the contract had an effect on interstate...

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