CPS 1 Realty v. R.P. Brennan General Contractors & Builders, Inc.

Orders, Supreme Court, New York County (Barbara R. Kapnick, J.), entered March 10, 2009, which denied petitioner’s motions to stay arbitration and granted respondent’s motion to dismiss this proceeding, unanimously affirmed, with costs.

On a motion to stay arbitration, the court’s “gatekeeper” role is limited to deciding whether there was a valid arbitration agreement, whether the parties complied with the agreement, and whether the claim to be arbitrated was barred by the statute of limitations (see Cooper v Bruckner, 21 AD3d 758, 759 [2005]).

Here, the court properly found that the issue of…