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MF GLOBAL, INC. v. MORGAN FUEL & HEATING CO., INC.

2268N, 603274/08

71 A.D.3d 420 (2010)

896 N.Y.S.2d 326

MF GLOBAL, INC. et al., Appellants, v. MORGAN FUEL & HEATING CO., INC., Respondent.

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

Decided March 2, 2010.

It was for the court to determine whether the parties had agreed to arbitrate (see Matter of Fiveco, Inc. v Haber, 11 N.Y.3d 140, 144 [2008]), since they did not invoke the exception to the foregoing rule by clearly and unmistakably providing that such determination be made by the arbitrators (see Matter of Smith Barney Shearson v Sacharow, 91 N.Y.2d 39...

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