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· 11/28/2018

Matter of Nicholson v. City of New York

Citations

  • 2018 NY Slip Op 8134

How courts have described this case

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

  • finding that the plaintiff’s signing of an acknowledgement of the arbitration agreement demonstrated her assent to that agreement
  • enforcing an arbitration agreement contained in a contract signed only by the party resisting arbitration
  • applying ordinary meaning, companies were affiliates “by virtue of their common ownership”
  • “But we have time and again, emphasized that we must interpret and enforce the words of the particular arbitration provision to which the parties agreed.”
  • “As with any contract, we must first be satisfied that an agreement to arbitrate has been formed. We resolve this question according to state law principles governing contract formation.”
  • “The heavy presumption of arbitrability requires that when the scope of the arbitration clause is open to question, a court must decide the question in favor of arbitration.” (quoting Levin v. Alms & Assocs., Inc., 634 F.3d 260, 266 (4th Cir. 2011))

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.