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Fox v. Forest River, Inc.

United States District Court, N.D. New York

June 16, 2017

ROSE J. FOX, Plaintiff,
v.
FOREST RIVER, INC.; and FORD MOTOR CO., Defendants, Cross-Claimants, and Cross-Defendants,
v.
BOAT-N-RV WAREHOUSE, Cross-Defendant.

          LEMBERG LAW, LLC Counsel for Plaintiff,

          NAPIERSKI, VANDENBURGH, NAPIERSKI & O'CONNOR, LLP Counsel for Defendant Forest River, Inc.

          DOBIS, RUSSELL & PETERSON Counsel for Defendant Ford Motor Co.

          SERGEI LEMBERG, ESQ., VLAD HIRNYK, ESQ., SERGEI LEMBERG, ESQ., VLAD HIRNYK, ESQ., JAMES STEVEN DOBIS, ESQ.

          DECISION AND ORDER

          Hon. Glenn T. Suddaby Chief U.S. District Judge.

         Currently before the Court, in this breach-of-warranty action filed by Rose J. Fox ("Plaintiff") against the two above-captioned Defendants/Cross-Claimants/Cross-Defendants as well as their Cross-Defendant Boat-N-RV Warehouse ("BNRV"), is a motion filed by BNRV, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to compel arbitration of all claims and cross-claims asserted against it and either dismiss the Complaint without prejudice or stay the action pending completion of arbitration. (Dkt. No. 16.) For the reasons set forth below, BNRV's motion is denied.

         I. RELEVANT BACKGROUND

         A. Plaintiff's Complaint

         Generally, liberally construed, Plaintiff's Complaint alleges as follows. In August 2015, Plaintiff purchased a motor home from BNRV, a motor home dealership located in West Coxsackie, New York. (Dkt. No. 1 at ¶¶ 5, 8 [Plf.'s Compl.].) Forest River, Inc. ("Forest River") (the principal place of business of which is located in Indiana) manufactured the motor home, and Ford Motor Company ("Ford") (the principal place of business of which is located in Michigan) manufactured the motor home's chassis. (Id. at ¶¶ 6-7.) After taking delivery of the motor home, Plaintiff noticed a "steering problem" with the motor home and "other noncomformities" in its living quarters. (Id. at ¶¶ 13-14.) Plaintiff advised BNRV, Forest River, and Ford of these problems; but each "neglected, failed, refused or otherwise [were] unable to" repair the problems. (Id. at ¶ 22.)

         Because this Decision and Order is intended primarily for the review of the parties, the Court will not further recite the factual allegations contained in Plaintiff's Complaint. Rather, the Court refers the reader to Plaintiff's Complaint in its entirety.

         Based upon the foregoing, Plaintiff asserts the following claims: (1) a claim of breach of warranty pursuant to the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; (2) a claim pursuant to New York State's Lemon Law, N.Y. Gen. Bus. Law § 198-a; (3) claims of breach of implied warranty of merchantability pursuant to the Magnuson-Moss Warranty Act and New York Uniform Commercial Code § 2-314; (4) a claim of breach of certain express warranties; (5) a claim for revocation of acceptance; (6) a claim for breach of the obligations of good faith and fair dealing pursuant to New York Uniform Commercial Code § 1-304; and (7) a claim of breach of New York Gen. Bus. Law § 349. (Id. at ¶¶ 23-69.)

         B. Ford's Answer

         Generally, in its Answer, Ford denies the material substantive allegations of Plaintiff's Complaint, raises certain affirmative defenses, and asserts cross-claims against Forest River and BNRV for contribution and contractual indemnification. (Dkt. No. 11 [Ford's Ans.].)

         C. Forest River's Verified Answer

         Generally, in its Verified Answer, Forest River denies the material substantive allegations of Plaintiff's Complaint, raises certain affirmative defenses, and asserts cross-claims against Ford and BNRV for contribution. (Dkt. No. 14 [Forest River's Ver. Ans.].)

         D. Parties' Briefing on BNRV's Motion to Compel Arbitration

         1. BNRV's ...


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