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GIBSON v. SEABURY TRANSPORTATION ADVISOR LLC

6522N, 650734/09

91 A.D.3d 465 (2012)

936 N.Y.S.2d 539

2012 NY Slip Op 105

SCOTT C. GIBSON, Appellant, v. SEABURY TRANSPORTATION ADVISOR LLC et al., Respondents.

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

Decided January 10, 2012.

The arbitration clause in the parties' agreement "evince[s] a `clear and unmistakable' agreement to arbitrate arbitrability" (see Matter of Smith Barney Shearson v Sacharow, 91 N.Y.2d 39, 46 [1997]; Life Receivables Trust v Goshawk Syndicate 102 at Lloyd's, 66 A.D.3d 495, 496 [2009], affd 14 N.Y.3d 850 [2010], cert denied 562 US ___,

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