Opinion
December 10, 1998
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
None of the documents cited by appellant indicate a clear undertaking by individual petitioner Abraham Fuchsberg to arbitrate the current dispute ( see, Matter of Travelers Inc. [GE Capital Mtge. Corp.], 211 A.D.2d 522); rather, they show that Abraham Fuchsberg signed the agreement containing the subject arbitration clause solely on behalf of the firm of Fuchsberg Fuchsberg. In addition, the 1986 agreement signed by Mr. Fuchsberg did not function to bring claims accruing on or before February 7, 1991 within the applicable, statutorily prescribed period of limitation. Factual issues concerning the accrual dates of appellant's claims, such as the point at which possible fraud claims were reasonably discoverable, are for the arbitrator to determine.
Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.