FLOWCON, INC. v. ANDIVA LLC

157480/20. Appeal No. 14735. Case No. 2021-00514.

200 A.D.3d 411 (2021)

157 N.Y.S.3d 446

2021 NY Slip Op 06756

Flowcon, Inc., Doing Business as Flower Construction, Appellant/Third-Party Defendant-Appellant, v. Andiva LLC, Doing Business as Andiva L.L.C., Respondent/Third-Party Plaintiff-Respondent, et al., Defendants.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Cermele & Wood LLP, White Plains ( Benjamin M. Rattner of counsel), for appellant.

Arkin Solbakken LLP, New York ( Robert C. Angelillo of counsel), for respondent.

Concur— Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.


The AIA construction contract pursuant to which plaintiff Flowcon was hired by defendant Andiva as construction manager for the renovation of Andiva's townhouse provided for arbitration before the American Arbitration Association (AAA) of all disputes arising under its terms, and AAA's Construction Industry Arbitration Rules were incorporated into the arbitration agreement. After Andiva allegedly failed to make all payments due under the contract, Flowcon terminated the contract...

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