Matter of Douglas Rauch, Inc.

Full title: In the Matter of the Arbitration between DOUGLAS RAUCH, INC., Respondent…

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

Date published: May 12, 1994

204 A.D.2d 848 (N.Y. App. Div. 1994)

614 N.Y.S.2d 330

Opinion

May 12, 1994

Appeal from the Supreme Court, Orange County (Owen, J.).

Casey, J.Page 849

Respondent's arguments on this appeal are based upon his claim that the parties' contract, which contained their agreement to arbitrate, was terminated before petitioner demanded arbitration. The claim presents an issue that was for the arbitrator to decide (see, Matter of Schlaifer v. Sedlow, 51 N.Y.2d 181, 185) and, therefore, it is not a ground to vacate the award (see, CPLR 7511 [b]).

Mikoll, J.P., Crew III, White and Peters, JJ., concur. Ordered that the order is affirmed, with costs.