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MATTER OF EPISCOPAL HEALTH SERVICES, INC. v. KURRON SHARES OF AMERICA, INC.

7090, 115699/10.

93 A.D.3d 495 (2012)

939 N.Y.S.2d 853

2012 NY Slip Op 1784

In the Matter of EPISCOPAL HEALTH SERVICES, INC., Appellant, v. KURRON SHARES OF AMERICA, INC., Respondent.

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

Decided March 13, 2012.

Petitioner sought the stay by arguing that the management agreement between the parties, and hence the arbitration agreement contained therein, was invalid based upon the failure to have the agreement approved by the Commissioner of the New York State Department of Health (10 NYCRR 405.3 [f]). The IAS court correctly rejected this argument, determining that, under the Federal Arbitration Act, which the parties concede applies here...

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