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MATTER OF BERGASSI GROUP LLC v. ALLIED WORLD INSURANCE COMPANY

Index No. 655704/19. Appeal No. 13569. Case No. 2020-01264.

193 A.D.3d 524 (2021)

141 N.Y.S.3d 850

2021 NY Slip Op 02265

In the Matter of Bergassi Group LLC, Respondent, v. Allied World Insurance Company, Appellant.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Michael J. Tricarico of counsel), for appellant.

Gallo, Vitucci & Klar LLP, New York ( Taranae J. Hashemi of counsel), for respondent.

Concur—Kapnick, J.P., Kern, Singh, Scarpulla, JJ.

Where "a contract containing an arbitration provision `affects' interstate commerce, disputes arising thereunder are subject to the FAA" (Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp., 4 N.Y.3d 247, 252 [2005]). The surety agency agreement here between corporations from different states gave rise to a finding of interstate commerce and was subject to the FAA (Chartis Seguros Mexico, S.A. de C.V. v HLI Rail...

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