DANIELS v. COMMERZBANK

3827, 117973/09.

79 A.D.3d 506 (2010)

911 N.Y.S.2d 632

THADDEUS DANIELS, Appellant, v. COMMERZBANK et al., Respondents, et al., Defendant.

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

Decided December 9, 2010.


The motion court properly found that the subject arbitration agreement was clear on its face and was a typical agreement routinely entered into by parties who wish to arbitrate. Although plaintiff does not recall signing the agreement, he does not dispute his signature and he offers nothing to overcome the presumption that he knew its contents and assented to them (see Metzger v Aetna Ins. Co., 227 N.Y. 411, 416 [1920]; see also Ciago v Ameriquest Mtge. Co...

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