MINOGUE v. MALHAN

10473N. 24783/17E.

178 A.D.3d 447 (2019)

114 N.Y.S.3d 62

2019 NY Slip Op 08638

Ann Minogue et al., Respondents, v. Rishi Malhan, M.D., et al., Defendants, and Worku Bitew Zewdu, M.D., et al., Appellants.

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

Decided December 3, 2019.


Attorney(s) appearing for the Case

Bartlett LLP, Mineola ( Robert G. Vizza of counsel), for appellants.

Antin, Ehrlich & Epstein, LLP, New York ( Anthony V. Gentile of counsel), for respondents.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.


Contrary to plaintiffs' argument, the arbitration clause at issue in this case is enforceable. Because the JHL defendants were engaged in interstate commerce, the Federal Arbitration Act preempts Public Health Law § 2801-d and General Business Law § 399 (see Friedman v Hebrew Home for the Aged at Riverdale, 131 A.D.3d 421, 421 [1st Dept 2015], lv dismissed 28 N.Y.3d 1050 [2016...

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