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Matter of Konica Corporation v. Powers

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 1994
209 A.D.2d 219 (N.Y. App. Div. 1994)

Opinion

November 10, 1994

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


Contrary to the shareholders' assertion, the IAS Court properly found that the parties had not made a valid agreement to arbitrate the claim in issue (CPLR 7503 [b]; 7502 [b]; Matter of County of Rockland [Primiano Constr. Co.], 51 N.Y.2d 1). It is well-settled that parties will not be forced to arbitrate a dispute that they did not agree to arbitrate (Schubtex, Inc. v Allen Snyder, Inc., 49 N.Y.2d 1, 6). Here, the shareholders' claim for accrued but unpaid dividends arises from the Restated Certificate filed by Konica Imaging USA, Inc., which does not contain an arbitration clause. We note said entity is not a party to either the option or indemnity agreements which do contain arbitration clauses, upon which the shareholders have relied.

Concur — Ellerin, J.P., Ross, Rubin and Nardelli, JJ.


Summaries of

Matter of Konica Corporation v. Powers

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 1994
209 A.D.2d 219 (N.Y. App. Div. 1994)
Case details for

Matter of Konica Corporation v. Powers

Case Details

Full title:In the Matter of KONICA CORPORATION, Respondent, v. ALTHEA P. POWERS et…

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

Date published: Nov 10, 1994

Citations

209 A.D.2d 219 (N.Y. App. Div. 1994)
618 N.Y.S.2d 311

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