LIFE RECEIVABLES TRUST v. GOSHAWK SYNDICATE 102 AT LLOYD'S

No. 138 SSM 12.

14 N.Y.3d 850 (2010)

927 N.E.2d 553

901 N.Y.S.2d 133

LIFE RECEIVABLES TRUST, Plaintiff, v. GOSHAWK SYNDICATE 102 AT LLOYD's, Respondent, and LIFE SETTLEMENT CORPORATION, Doing Business as PEACH TREE LIFE SETTLEMENTS, Appellant.

Court of Appeals of New York.

Decided May 4, 2010.


Attorney(s) appearing for the Case

Greenberg Traurig LLP, Albany ( Israel Rubin of counsel), for appellant.

Barger & Wolen LLP, New York City ( Evan L. Smoak of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. The certified question should not be answered as unnecessary.

The Appellate Division properly concluded that the scope and validity of the parties' arbitration agreement, including issues of arbitrability, are for the arbitration tribunal to determine (see Matter of Smith Barney Shearson v Sacharow, 91 N.Y.2d 39

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