Legal Opinion

Hackel v. Abramowitz

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

Decided December 16, 1997Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Jane Solomon, J.), entered May 20, 1997, which denied petitioner Hackel’s petition and respondent R.F. Lafferty & Co., Inc.’s cross-petition for a permanent stay of arbitration, unanimously affirmed, with costs.

We agree with the IAS Court that appellants’ active participation in the arbitration waived their contention that arbitrability as to those claims involving signators to individual Option Agreements was to be decided by the courts, not the arbitrators (see, Matter of Thompson [S.L.T. Ready-Mix], 216 AD2d 656). As to the remaining claimants,…

2Cases cited2 opinions

  1. In re the Arbitration between Thompson & S.L.T. Ready-Mix, Division of Torrington Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Smith Barney, Inc. v. Vivian HauseAppellate Division of the Supreme Court of the State of New York · 1997

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