Hutter v. Caras

Order and judgment (one paper), Supreme Court, New York County (Harold Tompkins, J.), entered on or about April 25, 1996, which granted petitioner’s motion for a permanent stay of the arbitration demanded by appellant, unanimously affirmed, without costs.

The motion court, in its 1994 order, properly determined that appellant had no remedy at law because the parties had expressly intended arbitration to be the sole forum for resolution of disputes arising under their agreement (see, Matter of Herrero [Tenth Ave. Fine Foods], 168 AD2d 343). Appellant was still obliged to bring arbitration…