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HAMERSHLAG, KEMPNER & CO. v. OESTRICH

234 A.D.2d 172 (1996)

651 N.Y.S.2d 489

Hamershlag, Kempner & Co., L.P., Appellant, v. Charles J. Oestrich, Respondent

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

December 19, 1996

Since the New York choice of law provision in the parties' arbitration agreement did not explicitly provide that the agreement "and its enforcement" would be governed by New York law, and did not otherwise expressly incorporate New York arbitration law, the question of timeliness of the claims was for the arbitrators, not the court (see, Matter of Smith Barney, Harris Upham & Co. v Luckie, 85 N...

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