237 PARK INVESTORS, LLC v. J. WALTER THOMPSON COMPANY


5 A.D.3d 304 (2004)

773 N.Y.S.2d 540

237 PARK INVESTORS, LLC, Appellant, v. J. WALTER THOMPSON COMPANY, Respondent.

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

March 25, 2004.


Questions of procedural arbitrability were for the arbitrator to determine (see Howsam v Dean Witter Reynolds, Inc., 537 U.S. 79 [2002]). The arbitration also met the six-year statute of limitations (CPLR 7502 [b]), which was a threshold issue to be determined by the court (see Matter of Smith Barney, Harris Upham & Co. v Luckie, 85 N.Y.2d 193, 202 [1995]).

Furthermore, article 4...

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