Opinion
2003-05001.
Decided March 15, 2004.
In an action, inter alia, for replevin, the plaintiff appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), entered May 9, 2003, which, among other things, denied its motion for an order of seizure, and granted the defendants' cross motion to stay the action and to compel arbitration.
Silverman Perlstein Acampora, LLP, Jericho, N.Y. (Robert J. Ansell of counsel), for appellant.
Cohen Tauber Spievack Wagner, LLP, New York, N.Y. (Stephen Wagner and Sari E. Kolatch of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Since the plaintiff failed to satisfy its burden of establishing "both a likelihood of success in the action and the absence of a valid defense" ( Zweng v. Thompson, 283 A.D.2d 641, quoting Orix Credit Alliance v. Grace Indus., 232 A.D.2d 537; CPLR 7102[d]) to its claim, the Supreme Court properly denied its motion for an order of seizure. Moreover, since the arbitration clauses contained in the parties' agreements are unambiguous, encompassing all disputes relating to the commercial relationship of the parties, the Supreme Court properly determined that the matter should proceed to arbitration ( see Matter of Board of Educ. of Deer Park Union Free School Dist. v. Deer Park Teachers Assn., 50 N.Y.2d 1011, 1012).
The plaintiff's remaining contentions are without merit.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.