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Garson v. Powell

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 277 (N.Y. App. Div. 1999)

Opinion

Submitted November 4, 1999

December 13, 1999

In an action, in effect, to recover damages for breach of a contract for interior design services, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered February 9, 1999, as denied her motion to compel an accounting.

Michael Edward Plank, New Rochelle, N.Y., for appellant.

Aieta Greco, New York, N.Y. (Mario Aieta of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The parties' agreement included a broad arbitration clause, which encompasses the plaintiff's demand for an accounting (see, e.g.,Matter of Vann v. Kreindler, Relkin Goldberg, 54 N.Y.2d 936 ). In a portion of the order under review from which the plaintiff did not appeal, the Supreme Court directed the parties to arbitrate this matter. In light of these circumstances, it is clear that the Supreme Court did not err in denying the plaintiff's motion to compel an accounting. This is a matter for the arbitrator, rather than for the Supreme Court, to resolve (see, Matter of Vann v. Kreindler, Relkin Goldberg, supra; see also, Weiss v. Kozupsky, 237 A.D.2d 514 ; Berg v. Dimson, 151 A.D.2d 362 ).

BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.


Summaries of

Garson v. Powell

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 277 (N.Y. App. Div. 1999)
Case details for

Garson v. Powell

Case Details

Full title:JOYCE GARSON, appellant, v. WILLSON POWELL, d/b/a WILLSON POWELL…

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

Date published: Dec 13, 1999

Citations

267 A.D.2d 277 (N.Y. App. Div. 1999)
699 N.Y.S.2d 727

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