SCHINDLER v. CELLCO PARTNERSHIP

Index No. 158735/19. Appeal Nos. 14824 & M-03633. Case No. 2021-01097.

200 A.D.3d 505 (2021)

155 N.Y.S.3d 85

2021 NY Slip Op 06931

Jane Schindler, Appellant, v. Cellco Partnership, Doing Business as Verizon Wireless, Respondent, et al., Defendants.

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

Decided December 9, 2021.


Attorney(s) appearing for the Case

Hantman & Associates, New York ( Robert J. Hantman of counsel), for appellant.

Lowenstein Sandler LLP, New York ( Gavin J. Rooney of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.


The sole issue before this Court is whether the issue of arbitrability was properly delegated to the arbitrator. We find that it was. The record supports a conclusion that plaintiff was a Verizon Wireless customer, and that she voluntarily accepted the terms of the Verizon Customer Agreement and the arbitration provision contained within it. While there is generally a presumption that the issue of arbitrability will be determined...

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