BML PROPS., LTD. v. CHINA CONSTR. AM. INC.

9800N. 657550/17.

174 A.D.3d 419 (2019)

101 N.Y.S.3d 597

2019 NY Slip Op 05339

BML Properties Ltd., Respondent, v. China Construction America Inc. et al., Appellants, et al., Defendants.

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

Decided July 2, 2019.


The court correctly denied the branch of defendants' motion seeking to compel arbitration because plaintiff was not a party to the agreement containing the arbitration clause and the claims at issue were, by separate agreement, required to be litigated in New York (see Matter of Cammarata v InfoExchange, Inc., 122 A.D.3d 459, 460 [1st Dept 2014]; Oxbow Calcining USA Inc. v American...

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