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CUSIMANO v. SCHNURR

No. 200

26 N.Y.3d 391 (2015)

44 N.E.3d 212

2015 NY Slip Op 09232

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

Court of Appeals of New York.

Decided December 16, 2015.

Attorney(s) appearing for the Case

Garvey Schubert Barer , New York City ( Alan A. Heller and Benjamin Liebowitz of counsel), for Andrew V. Schnurr and others, appellants, and Bernard V. Strianese, intervenor-appellant.

Campolo, Middleton & McCormick, LLP, Ronkonkoma ( Patrick McCormick and Christine Malafi of counsel), and Joseph, Terracciano & Lynam LLP, Syosset ( Peter J. Terracciano and Janine T. Lynam of counsel), for Bernadette Strianese, intervenor-appellant.

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

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

The issues presented by this appeal are whether the Federal Arbitration Act (FAA) is applicable to disputes arising under the agreements at issue and, if so, whether plaintiffs Rita and Dominic Cusimano waived their right to arbitrate by pursuit of this litigation. We hold that the FAA does apply...

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