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MATTER OF 215-219 WEST 28TH STREET MAZAL OWNER LLC v. CITISCAPE BUILDERS GROUP INC.

10350NA. 652779/19. 10350N.

177 A.D.3d 482 (2019)

2019 NY Slip Op 08281

In the Matter of 215-219 West 28th Street Mazal Owner LLC et al., Appellants, et al., Petitioners, v. Citiscape Builders Group Inc., Doing Business as Citiscape Builders Group, Respondent.

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

Decided November 14, 2019.

The issue of whether a party is bound by an arbitration provision in an agreement it did not execute is a threshold issue for the court, not the arbitrator, to decide (see Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1, 7 [1980]). The case is remanded to the IAS court for an evidentiary hearing and further factual development on whether the non-signatory petitioners were bound to the arbitration clause (see Rosplock...

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