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SKYLINE STEEL, LLC v. PILEPRO LLC

302N, 650531/15.

139 A.D.3d 646 (2016)

33 N.Y.S.3d 201

2016 NY Slip Op 04158

SKYLINE STEEL, LLC, Appellant, v. PILEPRO LLC, Respondents.

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

Decided May 31, 2016.

Both the arbitration clause and the JAMS rule incorporated therein confer on the arbitrators the power to resolve arbitrability (see Matter of Gramercy Advisors LLC v J.A. Green Dev. Corp., 134 A.D.3d 652, 653 [1st Dept 2015]). These provisions, governing the specific issue, take precedence over the arbitration clause's generic incorporation of the "New York statutes governing arbitration...

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