CUSIMANO v. SCHNURR

652429/11

120 A.D.3d 142 (2014)

991 N.Y.S.2d 400

RITA CUSIMANO, Individually and Derivatively as Shareholder, Officer, Partner and Member of BERITA REALTY CORP. and Others, et al., Appellants, v. ANDREW V. SCHNURR, CPA, et al., Respondents, and BERNARD V. STRIANESE et al., Third-Party Intervenors-Respondents.

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

Decided August 7, 2014.


Attorney(s) appearing for the Case

Dewey Pegno & Kramarsky LLP, New York City ( David S. Pegno , Tamara L. Bock and David C. Gartenberg of counsel), for appellants.

Garvey Schubert Barer, New York City ( Alan A. Heller and Ella Aiken of counsel), for Andrew V. Schnurr and others, respondents.

Joseph & Terracciano, LLP, Syosset ( Peter J. Terracciano and Janine T. Lynam , of counsel), for Bernadette Strianese, respondent.


OPINION OF THE COURT

RICHTER, J.

In this appeal, we must determine, first, whether the Federal Arbitration Act (FAA) (9 USC § 1 et seq.) applies to the underlying agreements and, second, whether plaintiffs waived their right to arbitrate a statute of limitations issue by having pursued their claims through litigation. We conclude that the FAA does apply and, therefore, the question of whether plaintiffs' claims are time-barred should be determined...

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