United States Second Circuit

In an action alleging breach of contract, breach of guaranty, unjust enrichment, quantum meruit, and fraudulent conveyance arising from contracts and guaranties between plaintiffs and various of defendants, dismissal of the action in favor of arbitration is vacated where: 1) neither of the signatories to the arbitration agreement at issue here sought arbitration; and 2) the nonsignatory defendants who did move to dismiss in favor of arbitration, moreover, disclaimed any interest in participating in the arbitration and stated that they could not be compelled to arbitrate plaintiffs' claims.

Appellate Information

• Argued 10/22/2009
• Decided 04/28/2010
• Published 04/28/2010

Judges

• PER CURIAM:, Before KEARSE and LIVINGSTON, Circuit Judges, and MAUSKOPF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joseph M. Pastore III, Fox Rothschild LLP, Stamford, CT (Frances Codd Slusarz, on the brief), for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas J. Donlon, Robinson & Cole LLP, Stamford, CT (Brian E. Moran & William J. Kelleher, III, on the brief), for Defendants-Appellees Allan R. Avery & Laura M. Avery., Jennifer A. Sadaka, Gibson & Behman, P.C., Middletown, CT, submitted a brief, for Defendant-Appellee Miguel Jaime.