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MATTER OF BERGER v. SIGNAC INVS. LTD.

Index No. 651165/20. Appeal No. 13760N. Case No. 2020-02255.

194 A.D.3d 402 (2021)

143 N.Y.S.3d 200

2021 NY Slip Op 02737

In the Matter of Alexis Berger, Appellant, v. Signac Investments Ltd., Respondent.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Storch Byrne LLP, New York ( Steven G. Storch of counsel), for appellant.

Sher Tremonte LLP, New York ( Theresa Trzaskoma of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

Respondent Signac Investments Ltd., although a nonsignatory to the agreement containing the arbitration clause, is entitled to invoke the arbitration provision to compel arbitration of petitioner's claim concerning the validity and enforceability of a certain financing arrangement because of its close relationship to the other signatory to that agreement (see Degraw Constr. Group, Inc. v McGowan Bldrs., Inc., 152 A.D.3d 567, 569...

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