Isaacs v Prospect Park, LLC

Isaacs v Prospect Park, LLC 2012 NY Slip Op 03984 Decided on May 23, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 23, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
ANITA R. FLORIO
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
2011-04547
(Index No. 470/10)

[*1]Tanya Isaacs, respondent,

v

Prospect Park, LLC, appellant.




Arrufat Gracia, PLLC, New York, N.Y. (Christie M. Delbrey of
counsel), for appellant.
Eric Nelson, Staten Island, N.Y., for respondent.


DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated September 21, 2010, which denied its motion pursuant to CPLR 7503(a) to compel arbitration.

ORDERED that the order is affirmed, with costs.

The defendant is not entitled to arbitration, as the parties did not agree that the arbitration clause in the contract at issue was to survive the delivery of title (see 527 Smith St. Brooklyn Corp. v Bayside Fuel Oil Depot Corp., 262 AD2d 278; cf. Matter of Praetorian Realty Corp. [Presidential Towers Residence], 40 NY2d 897).

In light of our conclusion, we need not reach the parties' remaining contentions.
MASTRO, A.P.J., FLORIO, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court