Opinion
449N
March 7, 2002.
Order and judgment (one paper), Supreme Court, New York County (Louise Gruner Gans, J.), entered June 19, 2001, which denied and dismissed the petition to permanently stay arbitration and which granted respondent's cross motion to compel arbitration, unanimously affirmed, with costs.
Rodney M. Zerbe for petitioner-appellant.
William M. Bloss for respondent-respondent.
Before: Williams, J.P., Mazzarelli, Andrias, Lerner, Marlow, JJ.
The IAS court properly declined to hold an evidentiary hearing concerning the validity of the arbitration agreement, since petitioner failed to raise a genuine issue on the matter (see, Doctor's Assocs. v. Jabush, 89 F.3d 109, 114). The issues of waiver, res judicata and the applicable statutory time limitations were properly referred to the arbitrators, in light of the parties' broad arbitration clause and simple New York choice of law provision. In any event, were we to reach the merits, they would not require a stay of arbitration.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.