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MATTER OF OAK HILL CAPITAL PARTNERS, L.P. v. CUTI

3414N, 650667/15.

148 A.D.3d 504 (2017)

2017 NY Slip Op 01835

49 N.Y.S.3d 413

In the Matter of OAK HILL CAPITAL PARTNERS, L.P., Respondent, v. ANTHONY J. CUTI, Appellant.

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

Decided March 15, 2017.

"Arbitration is a matter of contract" (Matter of Belzberg v Verus Invs. Holdings Inc., 21 N.Y.3d 626, 630 [2013]).

At issue is the interplay of three agreements — a March 16, 2004 employment agreement with an arbitration clause between respondent Cuti and Duane Reade — and subsequent agreements wherein Oak Hill acquired Duane Reade's common stock and wherein certain Duane Reade management stockholders, including...

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