DAVIS v. MELNICKE


25 A.D.3d 503 (2006)

808 N.Y.S.2d 671

BELLA DAVIS, Respondent, v. MICHAEL MELNICKE, Appellant.

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

January 26, 2006.


The language of the contract at issue was clear and unambiguous that in the event the two arbitrators selected by the parties were stalemated in appointing a third rabbinical arbitrator within 15 days, a court of competent jurisdiction could be asked to make that appointment. Contrary to respondent's contention, the court's enforcement of the arbitration clause pursuant to CPLR article 75 did not constitute an impermissibly excessive entanglement in religion, since no doctrinal...

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