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MATTER OF AKTIENGESELLSCHAFT v. HONEYWELL INTERNATIONAL INC.

287 A.D.2d 258 (2001)

730 N.Y.S.2d 709

In the Matter of ISOLA AKTIENGESELLSCHAFT et al., Respondents, v. HONEYWELL INTERNATIONAL INC., Appellant.

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

Decided October 2, 2001.

It is for the court to decide whether the dispute is not arbitrable by reason of the express exception of section 16.9 of the parties' asset purchase agreement (cf., Matter of Smith Barney Shearson v Sacharow, 91 N.Y.2d 39, 45-46). As the IAS court indicated, the question of arbitrability is resolved by respondent's own notice of claim, which appears to describe the disputed item as "accrued payroll" earned by respondent's employees...

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