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YELED V'YALDA EARLY CHILDHOOD CTR., INC. v. ATTENTIVE BEHAVIOR MENTAL HEALTH COUNSELING, P.C.

2019-13937. Index No. 518131/19.

208 A.D.3d 1209 (2022)

175 N.Y.S.3d 250

2022 NY Slip Op 05181

Yeled V'Yalda Early Childhood Center, Inc., Appellant, v. Attentive Behavior Mental Health Counseling, P.C., Respondent.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY ( Motty Shulman of counsel), for appellant.

Levine & Associates, P.C., Scarsdale, NY ( Michael Levine of counsel), for respondent.

LaSalle, P.J., Roman, Christopher and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 7503(a) to compel arbitration is denied.

The plaintiff commenced this action to recover damages for an alleged breach of a services agreement. The services agreement was signed by the defendant on December 22, 2015, and by the plaintiff on February 17, 2016. The services agreement provides that "any action to enforce or arising out of this Agreement shall be commenced...

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