GOMEZ v. BRILL SEC., INC.

652113/10, 5914.

95 A.D.3d 32 (2012)

943 N.Y.S.2d 400

2012 NY Slip Op 1877

HUGO GOMEZ et al., Respondents, v. BRILL SECURITIES, INC., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2012.


Attorney(s) appearing for the Case

Mound Cotton Wollan & Greengrass, New York City ( Robert S. Goodman , Barry R. Temkin and Diana E. McMonagle of counsel), for appellants.

Joseph, Herzfeld, Hester & Kirschenbaum LLP, New York City ( Michael D. Palmer , Matthew Kadushin and Charles Joseph of counsel), for respondents.

GONZALEZ, P.J., and TOM, J., concur with ROMAN, J.; SWEENY, J., dissents in part in a separate opinion in which RENWICK, J., concurs.


OPINION OF THE COURT

ROMÁN, J.

When parties expressly agree to arbitrate their disputes we enforce their agreement and compel arbitration. However, the issue of whether to compel arbitration turns on the language of the agreement between the parties. Therefore, when an agreement to arbitrate expressly precludes arbitration under certain circumstances, and one of those enumerated circumstances exists, a party cannot be compelled to arbitrate. In this...

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