Manos v. Interbank of New York
| Decision Date | 07 March 1994 |
| Parties | John G. MANOS, Respondent, v. INTERBANK OF NEW YORK, et al., Appellants, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Richard A. Rosen, of counsel), for appellants.
Semel & Patrusky, Jericho (Kenneth Klein, of counsel), for respondent.
Before MANGANO, P.J., and PIZZUTO, ALTMAN and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Rutledge, J.), dated April 21, 1992, which denied the motion of the defendants other than Stylianos S. Zavvos to compel arbitration.
ORDERED that the order is affirmed, with costs.
In order to compel a party to arbitrate pursuant to a contractual agreement there must be "no substantial question [as to] whether a valid agreement was made or complied with" (CPLR 7503[a]. In the event such question is raised, it is for the court to adjudicate (CPLR 7503[a]. The appellants claimed that an employment agreement that was executed by the plaintiff was invalid on the ground that a condition precedent to the contract was never satisfied. The alleged employment agreement included an arbitration provision. Because the appellants denied the validity of the entire employment agreement, the issue of whether a condition precedent has been satisfied is for the courts to determine (see, Matter of Cassone, 63 N.Y.2d 756, 759, 481 N.Y.S.2d 685, 471 N.E.2d 457). If it is determined that a valid contract exists, the appellants will be entitled to arbitration. However, we do not reach the issue of whether the plaintiff's discrimination claim is arbitrable.
To continue reading
Request your trial
-
Frankel v. Citicorp Ins. Serv., Inc.
...there must be 'no substantial question [as to] whether a valid agreement was made or complied with' " ( Manos v. Interbank of N.Y., 202 A.D.2d 403, 403, 608 N.Y.S.2d 691, quoting CPLR 7503[a]; see Matter of Cassone, 63 N.Y.2d 756, 758, 480 N.Y.S.2d 317, 469 N.E.2d 835). "In the event such q......
-
Grossman v. Ilowitz
...No such concern has been identified here, nor is there any challenge raised as to the validity of the agreement ( see Manos v. Interbank of New York, 202 A.D.2d 403 [1994] ). Accordingly, as a threshold matter, the court determines that the parties freely and voluntarily agreed to be bound ......
-
Maynard v. Smith
...there must be ‘no substantial question [as to] whether a valid agreement was made or complied with’ " ( Manos v. Interbank of N.Y., 202 A.D.2d 403, 403, 608 N.Y.S.2d 691, quoting CPLR 7503[a] ). "In the event such question is raised, it is for the court to adjudicate" ( Manos v. Interbank o......
-
Maynard v. Smith
...there must be 'no substantial question [as to] whether a valid agreement was made or complied with'" (Manos v Interbank of N.Y., 202 A.D.2d 403, 403, quoting CPLR 7503[a]). "In the event such question is raised, it is for the court to adjudicate" (Manos v Interbank of N.Y., 202 A.D.2d at 40......