New York Court of Appeals

In the Matter of Diamond Waterproofing Systems, Inc., Appellant v. 55 Liberty Owners Corp., Respondent

March 24, 20054 N.Y.3d 247

Summary

The New York Court of Appeals held that the Federal Arbitration Act applies to the contract because the project affected interstate commerce, and that the question of whether the arbitration demand was timely is to be decided by the arbitrator, not the courts. Accordingly, it affirmed the Appellate Division’s order.