Opinion
2002-08477
Submitted June 3, 2003.
July 14, 2003.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Suffolk County (Hall, J.), entered August 19, 2002, as granted that branch of the defendants' motion which was, in effect, to compel contractual arbitration of its cause of action to recover damages for breach of contract.
Bondi Iovino, Mineola, N.Y. (Anthony F. Iovino of counsel), for appellant.
Pachman, Pachman Eldridge, P.C., Commack, N.Y. (J. David Eldridge of counsel), for respondents.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the Supreme Court properly granted that branch of the defendants' motion which was, in effect, to compel contractual arbitration of its cause of action to recover damages for breach of contract (see Matter of Board of Educ. Of Watertown City School Dist., 93 N.Y.2d 132; Maross Constr. v. Central N.Y. Regional Transp. Auth., 66 N.Y.2d 341; Matter of Waldron, 61 N.Y.2d 181 ; Matter of Silverman, 61 N.Y.2d 299) . The arbitration clause of the parties' contract is not unconscionable ( see Sablosky v. Edward S. Gordon Co., 73 N.Y.2d 133, 138-139; FGH Contr. Co. v. Weiss, 185 A.D.2d 969, 971; Blake v. Biscardi, 62 A.D.2d 975).
RITTER, J.P., S. MILLER, GOLDSTEIN and H. MILLER, JJ., concur.