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MATTER OF CASTEDO v. PERMANENT MISSION OF THAILAND TO THE UNITED NATIONS

10577N. 652177/19.

178 A.D.3d 531 (2019)

114 N.Y.S.3d 70

2019 NY Slip Op 08957

In the Matter of Manuel Castedo et al., Appellants, v. The Permanent Mission of Thailand to the United Nations, Respondent, et al., Respondent.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, White Plains ( Jeffrey J. Fox of counsel), for appellants.

Mazzola Lindstrom LLP, New York ( Richard E. Lerner of counsel), for respondents.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Contrary to the respondents' argument, under the circumstances here, the petitioner architect did not receive direct tangible benefits from a separate construction agreement containing an arbitration clause (see Matter of Belzberg v Verus Invs. Holdings Inc., 21 N.Y.3d 626, 631 [2013]). Any benefit that petitioner derived was from its own contract, which expressly opted-out of arbitration...

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