Legal Opinion

Herrick Feinstein LLP v. Baram

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

Decided October 15, 2015No. 15810N 651477/14Published

1Opinion of the Court

Order, Supreme Court, New York County (Melvin Schweitzer, J.), entered September 10, 2014, which granted petitioner Herrick Feinstein’s motion to permanently stay arbitration, unanimously affirmed, without costs.

The IAS court correctly determined that the legal malpractice arbitration commenced by respondents was barred by the statute of limitations, having been commenced more than three years after the representation ended (CPLR 214 [6]). The arbitration agreement did not implicate interstate commerce and the Federal Arbitration Act does not apply, therefore respondents’ reliance on Cusimano…

2Cases cited1 opinion

  1. Cusimano v. SchnurrAppellate Division of the Supreme Court of the State of New York · 2014

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