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MATTER OF DEUTSCH v. STERN

34 A.D.3d 802 (2006)

823 N.Y.S.2d 915

In the Matter of DAVID DEUTSCH, Respondent, v. HERMAN STERN, Appellant, et al., Defendant.

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

Decided November 28, 2006.

Ordered that the appeal is dismissed, with costs.

The petitioner correctly contends that the appellant waived his right to appeal, as the arbitration agreement between the parties provided that the arbitrators' decision would not be subject to appeal. This provision is enforceable and binding (see e.g. Goldenberg v Goldenberg, 25 A.D.2d 670 [1966], affd 19 N.Y.2d 759

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