4117 15th Ave. Realty Corp. v. Hornedo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that motions to dismiss and to compel arbitration may be brought under those two rules and under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq.
• holding that a former employee’s sworn declaration unequivocally denying that she had electronically signed the arbitration agreement was sufficient to create a genuine issue of material fact and to preclude the employer's motion to compel arbitration
• finding that production of an arbitration agreement that appeared to bear the non-moving party’s electronic signature met the initial burden
• finding defendant satisfied its initial burden by producing an arbitration agreement governed by New York law “that appears to bear [plaintiff]’s electronic signature”
• finding plaintiff entitled to a trial on arbitrability of claims based on her declaration that she had never signed any electronic paperwork for her employer
• applying the state law of the state at issue, which “the “parties . . . agree[d], [was] that of New York” to resolve a motion to compel arbitration

Source: CourtListener parenthetical corpus (CC0).