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MATTER OF RURAL MEDIA GROUP, INC. v. YRAOLA

422, 651045/11.

137 A.D.3d 489 (2016)

26 N.Y.S.3d 531

2016 NY Slip Op 01598

In the Matter of RURAL MEDIA GROUP, INC., et al., Respondents, v. EMERITA R. YRAOLA, as Administrator C.T.A. of the Estate of C. ELVIN FELTNER, Deceased, Appellant.

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

Decided March 8, 2016.

On motions to stay or compel arbitration, a threshold question for the motion court is "whether the parties made a valid agreement to arbitrate" (Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 6 [1980]). Here, in a prior order not at issue on appeal, Supreme Court (Kapnick, J.) addressed this threshold issue, and held that the parties to the 1997 agreement at issue agreed to arbitrate. It was later determined by...

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