In re the Arbitration between Flatbush Medical Group & Ittelson

Respondent had sought arbitration: (1) of his claim for damages for breach of a 1947 partnership agreement; (2) of his claimed status as a partner; and (3) of his claim for an accounting under the agreement. The agreement provided that “ In the event of a disagreement between the parties hereto, the matter in dispute shall be left to a board of arbitration”. In support of its motion for a stay, the petitioner asserted, in substance: (a) that respondent’s rights under the 1947 agreement were modified and subsequently terminated by amendments to the partnership agreement in 1953 and 1958; and…