Appellate Division of the Supreme Court of New York, 2000

Computerized Medical Imaging Equipment, Inc. v. Diasonics Ultrasound, Inc.

Appellate Division of the Supreme Court of New York · Decided December 27, 2000

278 A.D.2d 946; 718 N.Y.S.2d 686; 2000 N.Y. App. Div. LEXIS 13481

Cases that cite this one

1 later published case cites this decision.

Computerized Medical Imaging Equipment, Inc. v. Diasonics Ultrasound, Inc. (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Defendant failed to establish that the parties agreed to arbitrate their dispute, and thus Supreme Court did not err in dismissing the fourth affirmative defense asserting that the parties must arbitrate their dispute. That affirmative defense was based on an arbitration agreement that had expired before the dispute arose, and defendant failed to establish that the parties had agreed to extend that arbitration agreement (see, Matter of Waldron [Goddess], 61 NY2d 181, 185-186; see also, Matter of Express Indus. & Term. Corp. v New York State Dept. of Transp., 93 NY2d 584, 589, rearg denied 93 NY2d 1042). *947(Appeal from Order of Supreme Court, Erie County, Mintz, J. — Dismiss Pleading.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.