HACKETT v. MILBANK, TWEED, HADLEY & McCLOY


80 N.Y.2d 870 (1992)

Kevin R. Hackett, Respondent, v. Milbank, Tweed, Hadley & McCloy, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1992.


Attorney(s) appearing for the Case

Russell E. Brooks for appellant.

Gerald E. Ross for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE and HANCOCK, JR., concur in memorandum; Judge BELLACOSA taking no part.


MEMORANDUM.

The Appellate Division order insofar as appealed from should be reversed, with costs, and the petition to stay arbitration denied.

This controversy over petitioner's right to receive supplemental payments upon his withdrawal from respondent law firm should be decided in these circumstances by an arbitrator in the first instance. That is especially so given the broad arbitration clause in the parties' partnership...

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