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DIVIDU v. BIAGGI

6186N 155532/16.

160 A.D.3d 426 (2018)

70 N.Y.S.3d 836

2018 NY Slip Op 02309

Merav Dividu, Respondent, v. Mario Biaggi, Jr., Appellant.

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

Decided April 3, 2018.

The documentary evidence and admissions of plaintiff establish that all of her claims against defendant are time-barred. Although the parties' agreement includes an arbitration clause, defendant did not move to compel arbitration, and plaintiff affirmatively contends that the arbitration clause is unenforceable. We note that plaintiff is not precluded from filing a complaint based on these allegations with the Attorney Grievance...

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