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ISAACS v. PROSPECT PARK, LLC

2011-04547.

95 A.D.3d 1176 (2012)

943 N.Y.S.2d 911

2012 NY Slip Op 3984

TANYA ISAACS, Respondent, v. PROSPECT PARK, LLC, Appellant.

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

Decided May 23, 2012.

Ordered that the order is affirmed, with costs.

The defendant is not entitled to arbitration, as the parties did not agree that the arbitration clause in the contract at issue was to survive the delivery of title (see 527 Smith St. Brooklyn Corp. v Bayside Fuel Oil Depot Corp., 262 A.D.2d 278 [1999]; cf. Matter of Praetorian Realty Corp. [Presidential Towers Residence],...

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