Opinion
8280N Index 151130/17
01-31-2019
Zubair PATEL, Plaintiff–Appellant, v. MACYS INC., et al., Defendants–Respondents.
The Rose Law Group, PLLC, Astoria (Jesse C. Rose of counsel), for appellant. Schoeman Updike Kaufman & Gerber LLP, New York (Steven Gerber of counsel), for respondents.
The Rose Law Group, PLLC, Astoria (Jesse C. Rose of counsel), for appellant.
Schoeman Updike Kaufman & Gerber LLP, New York (Steven Gerber of counsel), for respondents.
Richter, J.P., Manzanet–Daniels, Tom, Kahn, Singh, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered October 10, 2017, which granted defendants' motion to compel arbitration and to stay the action pending arbitration, unanimously affirmed, without costs.
Defendants established their right to compel plaintiff to arbitrate his employment discrimination action, based upon evidence that plaintiff electronically signed, and thus assented to the terms of, the negotiated arbitration agreement ( Tsadilas v. Providian Natl. Bank, 13 A.D.3d 190, 786 N.Y.S.2d 478 [1st Dept. 2004], lv denied 5 N.Y.3d 702, 799 N.Y.S.2d 773, 832 N.E.2d 1189 [2005] ). We reject plaintiff's claim that the arbitration agreement was unconscionable, as he was given a meaningful choice as to whether and how to opt out of arbitration when hired, a confidential procedure that would not have been communicated to his supervisors, and he did not submit the form to do so ( id. at 191, 786 N.Y.S.2d 478 ).
We have considered plaintiff's remaining arguments and find them unavailing.