MATTER OF HUTTER v. CARAS


239 A.D.2d 269 (1997)

658 N.Y.S.2d 840

In the Matter of Martha Hutter, Respondent, v. Roger Caras, Appellant

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

May 20, 1997


The motion court, in its 1994 order, properly determined that appellant had no remedy at law because the parties had expressly intended arbitration to be the sole forum for resolution of disputes arising under their agreement (see, Matter of Herrero [Tenth Ave. Fine Foods], 168 A.D.2d 343). Appellant was still obliged to bring arbitration against the correct parties in a timely fashion. Arbitration against the individual petitioner...

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