Morales v. American Apparel, Inc.

*660We affirm the order appealed from, albeit on grounds different from those articulated by the Supreme Court. “ ‘Generally, under New York statutory and case law, a court may address three threshold questions on a motion to compel or to stay arbitration: (1) whether the parties made a valid agreement to arbitrate; (2) if so, whether the agreement has been complied with; and (3) whether the claim sought to be arbitrated would be time-barred if it were asserted in State court’ ” (Da Silva v Savo, 35 AD3d 647, 647 [2006], quoting Matter of Smith Barney, Harris Upham & Co. v Luckie, 85 NY2d 193,…