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BLIMPIE INTERNATIONAL, INC. v. D'ELIA

277 A.D.2d 69 (2000)

716 N.Y.S.2d 384

BLIMPIE INTERNATIONAL, INC., Respondent, v. VINCENT J. D'ELIA et al., Defendants, and ROBERT SANDOW et al., Appellants.

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

Decided November 14, 2000.

The court properly applied Federal law in determining whether respondent had waived its right to arbitrate under an agreement governed by the Federal Arbitration Act ([FAA] 9 USC § 1 et seq.). When an agreement to arbitrate falls within the scope of the FAA, "[f]ederal law in the terms of the Arbitration Act governs [the] issue [of arbitrability] in either state or federal court" (Moses H. Cone Mem. Hosp. v Mercury Constr. Corp., 460...

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