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ZACHARIOU v. MANIOS

1403, 601196/06

68 A.D.3d 539 (2009)

2009 NY Slip Op 9291

891 N.Y.S.2d 54

EVANGELIA MANIOS ZACHARIOU, Respondent, v. VASSILIOS MANIOS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2009.

Whether a dispute is arbitrable is generally an issue for the court to decide unless the parties clearly and unmistakably provide otherwise (Matter of Smith Barney Shearson v Sacharow, 91 N.Y.2d 39, 45-46 [1997]). Where there is a broad arbitration clause and the parties' agreement specifically incorporates by reference the American Arbitration Association (AAA) rules providing that the arbitration panel shall have the power to rule...

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