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MATTER OF RD MGT. CORP. (SAMUELS)

196 Misc.2d 579 (2003)

766 N.Y.S.2d 304

In the Matter of the Arbitration between RD MANAGEMENT CORP. et al., Petitioners, and WALTER R. SAMUELS, Respondent.

Supreme Court, New York County.

July 16, 2003.

Attorney(s) appearing for the Case

Solomon, Zauderer, Ellenhorn, Frischer & Sharp, New York City (Mark C. Zauderer, John J. O'Connell and Caroline L. Nolan of counsel), for petitioners.

Katten Muchin Zavis & Rosenman, New York City (Robert W. Gottlieb and Arthur S. Linker of counsel), for respondent.

OPINION OF THE COURT

HERMAN CAHN, J.

This motion revolves around the enforceability of rule 8 (a) of the Commercial Arbitration Rules of the American Arbitration Association (AAA)—granting to the arbitrator the power to rule on his or her own jurisdiction. Apparently, the rule has not yet been discussed by the New York courts. It has been enforced by several United States District Courts. This court follows...

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