Tal Tours (1996), Inc. v Goldstein

Tal Tours (1996), Inc. v Goldstein 2006 NY Slip Op 08967 [34 AD3d 786] November 28, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

Tal Tours (1996), Inc., et al., Appellants,
v
Howard Goldstein et al., Respondents.

—[*1]In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Austin, J.), dated October 7, 2005, which granted the defendants' motion to compel arbitration by a "zebla" proceeding and denied the plaintiffs' cross motion to compel arbitration by a proceeding conducted by the Beth Din of America.

Ordered that the order is affirmed, with costs.

Under the circumstances presented, the Supreme Court properly granted the defendants' motion to compel arbitration by a procedure in which each side chooses an arbitrator, and the two chosen arbitrators agree on a third arbitrator, known as a "zebla" proceeding, and denied the plaintiffs' cross motion to compel arbitration by a proceeding conducted by the Beth Din of America. We perceive no basis upon which to disturb the Supreme Court's determination. Schmidt, J.P., Santucci, Lifson and Lunn, JJ., concur.