Preiss/Breismeister Architects v. Westin Hotel Company-Plaza Hotel Division
Cases that cite this one
20 later published cases cite this decision.
- Homeland Training Center, LLC v. Summit Point Automotive Research Center (4th Cir. 2010)
- Glickenhaus & Co. v. Taylor (Appellate Division of the Supreme Court of New York 1990)
- P.S. Fin., LLC v. Eureka Woodworks, Inc. (Appellate Division of the Supreme Court of New York 2023)
- Duprat v. BMW Financial Services Na, LLC (Appellate Division of the Supreme Court of New York 2016)
- Cash Biz, LP, Redwood Financial, LLC, Cash Zone, LLC Dba Cash Biz v. Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman Jr. (Tex. App. 2015)
- Cotugno v. Bartkowski (New York Supreme Court 2012)
- Stark v. Molod Spitz DeSantis & Stark, P.C. (N.Y. 2007)
- Stark v. Molod Spitz DeSantis & Stark, P.C. (Appellate Division of the Supreme Court of New York 2006)
- Hart v. Tri-State Consumer, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Johanson Resources, Inc. v. LaVallee (Appellate Division of the Supreme Court of New York 2000)
- Worcester Insurance v. Sauro (Appellate Division of the Supreme Court of New York 1998)
- Court v. MacWeeney (Appellate Division of the Supreme Court of New York 1993)
- Malone Golf Club, Inc. v. Moore Golf Inc. (Appellate Division of the Supreme Court of New York 1989)
- Board of Education of Yonkers City School District v. Yonkers Federation of Teachers (Appellate Division of the Supreme Court of New York 1988)
- Miller v. Maori (Appellate Division of the Supreme Court of New York 1987)
- Kobak v. Schultz (Appellate Division of the Supreme Court of New York 1986)
- Sherrill v. Grayco Builders, Inc. (N.Y. 1985)
- Mendelsohn v. A & D Catering Corp. (Appellate Division of the Supreme Court of New York 1984)
- Western Regional Off-Track Betting Corp. v. Service Employees International Union, Local 222 (Appellate Division of the Supreme Court of New York 1983)
- Mendelsohn v. A & D Catering Corp. (New York Supreme Court 1983)
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
*789 OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. We agree that the motion to compel arbitration was properly granted. There is neither waiver nor an election of remedies where, as here, plaintiff moves in court for protective relief in order to preserve the status quo while at the same time exercising its right under the contract to demand arbitration.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.