Opinion
09-29-2016
VR CAPITAL GROUP LTD., Plaintiff–Appellant, v. BROADRIDGE FINANCIAL SOLUTIONS, INC., Defendant–Respondent.
O'Hare Parnagian LLP, New York (Robert A. O'Hare, Jr. of counsel), for appellant. Drinker Biddle & Reath LLP, New York (Michael O. Adelman and Diego J. Rosado of counsel), for respondent.
O'Hare Parnagian LLP, New York (Robert A. O'Hare, Jr. of counsel), for appellant.
Drinker Biddle & Reath LLP, New York (Michael O. Adelman and Diego J. Rosado of counsel), for respondent.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 29, 2016, which granted defendant's motion to compel arbitration, unanimously affirmed, with costs.
The motion court correctly found that there was a valid agreement to arbitrate and that the issue sought to be submitted to arbitration fell within the scope of the agreement's broad arbitration clause (see Edgewater Growth Capital Partners, L.P. v. Greenstar N. Am. Holdings, Inc., 69 A.D.3d 439, 439, 891 N.Y.S.2d 278 [1st Dept.2010] ). It is for the arbitrator, and not a Court, to determine whether the parties' agreement falls within the ambit of section 5–903(2) of the General Obligations Law. Even if the agreement is subject to GOL § 5–903(2), as plaintiff contends, such would not ify the parties' agreement to arbitrate “all disputes arising out of or relating to th[e] [a]greement,” including this one.
The Decision and Order of this Court entered herein on May 17, 2016 is hereby recalled and vacated (see M–3091, 2016 WL 5420600 decided simultaneously herewith).
MAZZARELLI, J.P., MOSKOWITZ, MANZANET–DANIELS, GESMER, JJ., concur.