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BROOKS v. BDO SEIDMAN, LLP

107884/09

25 Misc.3d 445 (2009)

883 N.Y.S.2d 450

In the Matter of DAVID H. BROOKS, Petitioner, v. BDO SEIDMAN, LLP, Respondent.

Supreme Court, New York County.

Decided July 13, 2009.

Attorney(s) appearing for the Case

Garvey Schubert Barer, New York City (Andrew Goodman and James Freeman of counsel), for petitioner.

Ledy-Gurren Bass & Siff, LLP, New York City (Nancy Ledy-Gurren of counsel), for respondent.

OPINION OF THE COURT

NICHOLAS FIGUEROA, J.

In this contested CPLR article 75 proceeding, petitioner seeks to stay an arbitration under section 7503 (b) of the CPLR. As his ground for such relief, petitioner claims that he never agreed to arbitrate. Such a ground is, of course, the type of threshold issue that is for the court to resolve, rather than the arbitrator (Cooper v Bruckner, 21 A.D.3d 758, 759 [2005])....

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