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Law Libraries' NewsLog > Posts > Supreme Court Advance Release Opinion - 9/28/09
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9/28/2009Coldwell Banker Manning Realty, Inc. v. Computer Sciences — SC18223 ("This is the second of two appeals brought by the plaintiff, Coldwell Banker Manning Realty, Inc. (Coldwell Banker), in connection with a real estate transaction involving Coldwell Banker, the defendant, Computer Sciences Corporation (CSC), and Cushman and Wakefield of Connecticut, Inc. (Cushman). In the present appeal, Coldwell Banker claims that the trial court improperly concluded that the decision of the Greater Hartford Association of Realtors, Inc. (association), to dismiss as untimely Coldwell Banker’s request for arbitration of its claims against CSC constituted an arbitration award for purposes of General Statutes § 52-417,3 and, as a result, the court improperly confirmed the alleged award. Coldwell Banker further contends that the trial court improperly (1) granted CSC’s motion to stay pending arbitration, thus compelling Coldwell Banker to arbitrate with a third party who was not a signatory to any contract or a member of any association to which Coldwell Banker also belonged that required arbitration, (2) determined that a contract existed between Coldwell Banker and the association when there was no admission by the parties that there was such a contract and no evidence presented to support that fact, and (3) determined that CSC was entitled to enforce the arbitration provisions of the association’s bylaws and code of ethics as a third party beneficiary. CSC responds that the trial court properly determined that the association’s dismissal of the arbitration request as untimely constituted an award subject to confirmation by the trial court and, therefore, that the court lacked subject matter jurisdiction to consider Coldwell Banker’s claims against CSC. CSC also argues that the trial court properly stayed Coldwell Banker’s claims pending arbitration because (1) Coldwell Banker’s agreement to arbitrate contractual disputes with its clients pursuant to the association’s bylaws and code of ethics is enforceable, (2) CSC was an intended third party beneficiary of the arbitration agreement, and (3) an intended third party beneficiary of an arbitration agreement may enforce a promise to arbitrate.")
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