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VOLPE v. INTERPUBLIC GROUP OF COMPANIES, INC.

12721, 652308/12.

118 A.D.3d 482 (2014)

987 N.Y.S.2d 137

2014 NY Slip Op 4140

RAY VOLPE, Appellant, v. INTERPUBLIC GROUP OF COMPANIES, INC., Respondent.

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

Decided June 10, 2014.

The language in the employment agreement between the parties provides that New York law governs the agreement and its enforcement. Thus, as the motion court determined, the question of waiver of arbitration is properly decided by the court, not an arbitrator (see Matter of Diamond Waterproofing Sys., Inc. v 55 Liberty Owners Corp., 4 N.Y.3d 247, 253 [2005]). As the motion court found, plaintiff's commencement of this action and his...

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