Opinion
CA 01-02324
June 14, 2002.
Appeal from an order (denominated order and judgment) of Supreme Court, Onondaga County (McCarthy, J.), entered September 12, 2001, which, inter alia, denied petitioner's application seeking a stay of arbitration.
HISCOCK BARCLAY, LLP, SYRACUSE (JOHN P. DEVENDORF OF COUNSEL), FOR PETITIONER-APPELLANT.
STEVEN B. ALDERMAN, SYRACUSE, FOR RESPONDENT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied the application seeking a stay of arbitration. The 1975 partnership agreement (agreement) between petitioner and Laurence T. Cook contains a broad arbitration clause that covers the instant dispute over insurance proceeds. Contrary to petitioner's contention, there is a "substantial question" whether the parties to the agreement continued to deem the agreement in effect even after they decided to conduct their businesses in corporate form, and thus the issue whether the agreement to arbitrate remains valid is for the arbitrator to determine ( Schenkers Intl. Forwarders v. Meyer, 164 A.D.2d 541, 544, lv denied 78 N.Y.2d 852; see Ballon Stoll Bader Nadler v. Kaufman, 210 A.D.2d 29; see also Matter of Cassone, 63 N.Y.2d 756, 758-759).