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ISERNIO v. U.S.I. HOLDINGS

182 Misc.2d 121 (1999)

696 N.Y.S.2d 374

In the Matter of ALBERT E. ISERNIO, Petitioner, v. U.S.I. HOLDINGS CORPORATION et al., Respondents.

Supreme Court, New York County.

August 4, 1999.

Attorney(s) appearing for the Case

Weil Gotshal & Manges (Otto Obermaier and Robert S. Berezin of counsel), for petitioner.

Cahill Gordon & Reindel (David Januszewski, Eva M. Sakethoo and Howard H. Rice of counsel), for respondents.

OPINION OF THE COURT

NICHOLAS FIGUEROA, J.

Petitioner Albert E. Isernio brings an application pursuant to CPLR 7502 (a) and 7503 (b), to permanently stay the arbitration proceeding commenced by Respondents, on the grounds that: (a) Petitioner and Respondents in their settlement agreement expressly agreed to litigate, not arbitrate, all disputes; (b) the claims sought to be arbitrated are beyond the scope of the arbitration clause contained in their Employment...

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