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IMCLONE SYSTEMS INCORPORATED v. WAKSAL

22 A.D.3d 387 (2005)

802 N.Y.S.2d 653

IMCLONE SYSTEMS INCORPORATED, Plaintiff, v. SAMUEL D. WAKSAL, Respondent. ROBERT GOLDHAMMER et al., Nonparty Appellants.

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

October 20, 2005.

We agree with the conclusion reached by the motion court, but for different reasons (see Matter of American Dental Coop. v. Attorney-General of State of N.Y., 127 A.D.2d 274, 279 n 3 [1987]). The generic choice of law clause in the subject agreement, which did not provide for the application of New York law to its "enforcement," did not displace the subject provision of the Federal Arbitration Act ([FAA] 9 USC § 7; see Matter...

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