Opinion
6186N Index 155532/16
04-03-2018
Merav DIVIDU, Plaintiff–Respondent, v. Mario BIAGGI, Jr., Defendant–Appellant.
Mario Biaggi, Jr., New York, appellant pro se. Law Offices of Michael E. Talassazan, Rego Park (Michael E. Talassazan of counsel), for respondent.
Mario Biaggi, Jr., New York, appellant pro se.
Law Offices of Michael E. Talassazan, Rego Park (Michael E. Talassazan of counsel), for respondent.
Friedman, J.P., Sweeny, Gesmer, Kern, Singh, JJ.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about March 3, 2017, which denied defendant's motion to dismiss the complaint, stayed the action and ordered the parties to proceed to arbitration, unanimously reversed, on the law, and the motion to dismiss granted, without costs.
The documentary evidence and admissions of plaintiff establish that all of her claims against defendant are time-barred. Although the parties' agreement includes an arbitration clause, defendant did not move to compel arbitration, and plaintiff affirmatively contends that the arbitration clause is unenforceable. We note that plaintiff is not precluded from filing a complaint based on these allegations with the Attorney Grievance Committee.