Legal Opinion · Dissent

Stark v. Molod Spitz DeSantis & Stark, P.C.

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 2006Published

1Dissent

Nardelli, J.P.

dissents in part in a memorandum as follows: I respectfully dissent and, although I concur with the majority that the first, third and fourth causes of action should be reinstated, I find that the motion court properly granted that branch of defendants’ motion which sought to compel arbitration and denied plaintiffs cross motion to stay arbitration.

It has long been settled that New York State public policy favors the enforcement of arbitration agreements (Matter of Weinrott [Carp], 32 NY2d 190, 199 [1973]; Matter of Smith Barney Shearson v Sacharow, 91 NY2d 39, 49 [1997]), for…

2Cases cited20 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. In Re the Arbitration Between Weinrott & CarpNew York Court of Appeals · 1973
  3. Nationwide General Insurance v. Investors Insurance Co. of AmericaNew York Court of Appeals · 1975
  4. De Sapio v. KohlmeyerNew York Court of Appeals · 1974
  5. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923

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