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SMITH BARNEY HARRIS UPHAM & CO., INC. v. LUCKIE

198 A.D.2d 87 (1993)

605 N.Y.S.2d 838

Smith Barney Harris Upham & Co., Inc., Appellant, v. Charlie Luckie, Jr., et al., Respondents, and Doris Kahn, Respondent

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

November 16, 1993

The parties' intention to resolve all disputes by arbitration being clear, dismissal of respondent's claims pursuant to CPLR 7502 (b) would defeat the policies of the Federal Arbitration Act (9 USC § 1 et seq.; see, Volt Information Sciences v Stanford Univ., 489 U.S. 468, 479). Accordingly, we affirm the denial of petitioner's application on the ground that the arbitrators should decide the Statute of Limitations issue,...

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