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MATTER OF METROPOLITAN TRANSP. AUTH. v. WESTFIELD FULTON CTR., LLC

Index No. 450428/21. Appeal No. 15831-15831A. Case No. 2021-01540. 2021-01763.

208 A.D.3d 418 (2022)

173 N.Y.S.3d 209

2022 NY Slip Op 05008

In the Matter of Metropolitan Transportation Authority et al., Appellants, v. Westfield Fulton Center, LLC, Respondent.

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

Decided August 23, 2022.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York (John G. Nicolich of counsel), for appellants.

Blank Rome LLP, New York (Harris N. Cogan of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

Supreme Court correctly reached the issue of whether the claims asserted by respondent Westfield Fulton Center, LLC came within the scope of the arbitration provisions in the parties' lease. Although there are several provisions in the lease directing that the parties arbitrate specific substantive disputes, including section 3.1 upon which Westfield relies, there are no provisions stating "clearly and unmistakably" that the question of arbitrability is to be decided by the...

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