Legal Opinion

Brooks v. BDO Seidman, LLP

New York Supreme Court

Decided July 13, 2009PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Nicholas Figueroa, J.

In this contested CPLR article 75 proceeding, petitioner seeks to stay an arbitration under section 7503 (b) of the CPLR. As his ground for such relief, petitioner claims that he never agreed to arbitrate. Such a ground is, of course, the type of threshold issue that is for the court to resolve, rather than the arbitrator (Cooper v Bruckner, 21 AD3d 758, 759 [2005]). The underlying facts are not disputed. In early 2007, petitioner retained two law firms to defend him in lawsuits brought in the wake of probes by the Securities and Exchange Commission…

2Cases cited9 opinions

In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.New York Court of Appeals · 1978
In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
Mionis v. Bank Julius Baer & Co.Appellate Division of the Supreme Court of the State of New York · 2002
Eiseman Levine Lehrhaupt & Kakoyiannis, P.C. v. Torino Jewelers, Ltd.Appellate Division of the Supreme Court of the State of New York · 2007
Cooper v. BrucknerAppellate Division of the Supreme Court of the State of New York · 2005

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Arbitration between National Union Fire Insurance v. Personnel Plus, Inc.District Court, S.D. New York · 2013