From Casetext: Smarter Legal Research

Matter of Vann, Kreindler, Relkin Goldberg

Court of Appeals of the State of New York
Oct 22, 1981
54 N.Y.2d 936 (N.Y. 1981)


Argued August 31, 1981

Decided October 22, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALEXANDER CHANANAU, J.

Kurt J. Wolff for appellant.

Donald L. Kreindler and Jeffrey S. Kaplan for respondents.


The order of the Appellate Division should be affirmed, with costs.

Plaintiff signed a partnership agreement with the law firm of Kreindler, Relkin, Olick Goldberg in December, 1972. That agreement contained a clause requiring the submission to arbitration of any controversy arising out of or relating to the agreement. Plaintiff now seeks to stay arbitration of his claim against the successor firm of Kreindler, Relkin Goldberg for an accounting and damages.

It is true that the original partnership dissolved upon Olick's withdrawal in 1974 (see Partnership Law, § 60) and no written agreement was executed by the new partnership's members up to the time that plaintiff departed in 1979. The Appellate Division found, however, that the members of the successor firm treated the 1972 agreement as binding and continuing in effect. This conclusion is amply supported by the record.

It is undisputed that the 1972 agreement contained a broad and unequivocal arbitration provision. By treating that agreement as continuing in force after the dissolution of the original partnership, the members of the successor partnership demonstrated their intention to be governed by that agreement's arbitration clause (see Matter of Levin-Townsend Computer Corp. v Holland, 29 A.D.2d 925; Alpert v Bannon, 40 A.D.2d 988; see, generally, 8 Weinstein-Korn-Miller, N Y Civ Prac, par 7501.40). Since the parties agreed to arbitration, it follows that all further issues concerning plaintiff's claim are for the arbitrator to resolve.


Order affirmed, with costs, in a memorandum.

Summaries of

Matter of Vann, Kreindler, Relkin Goldberg

Court of Appeals of the State of New York
Oct 22, 1981
54 N.Y.2d 936 (N.Y. 1981)
Case details for

Matter of Vann, Kreindler, Relkin Goldberg

Case Details

Full title:In the Matter of the Arbitration between AVROM R. VANN, Appellant, and…

Court:Court of Appeals of the State of New York

Date published: Oct 22, 1981


54 N.Y.2d 936 (N.Y. 1981)
445 N.Y.S.2d 139
429 N.E.2d 817

Citing Cases

George v. Lebeau

George's reading of Waldron would put Waldron in conflict with several other cases, both New York state cases…

Weiss v. Carpenter Morrissey

This verbal formulation is certainly sufficiently comprehensive to encompass the claims of Weiss, Sharfman,…