Thomas v Bally's Total Fitness Corp.

[*1] Thomas v Bally's Total Fitness Corp. 2006 NY Slip Op 51053(U) [12 Misc 3d 131(A)] Decided on June 5, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 5, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT:: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2005-1279 K C.

Richard Thomas, Appellant,

against

Bally's Total Fitness Corporation, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered July 29, 2005. The order granted defendant's motion for summary judgment dismissing the action.

Order affirmed without costs.

Plaintiff entered into an at-will employment agreement with defendant which contained a provision in which plaintiff agreed to submit to arbitration all covered disputes arising under the employment agreement. On appeal, plaintiff contends that defendant's motion for summary judgment should have been denied because the arbitration clause is unconscionable. "[A]rbitration is a favored method of dispute resolution in New York" (Matter of 166 Mamaroneck Ave. Corp. v 151 E. Post Rd. Corp., 78 NY2d 88, 93 [1991]), and plaintiff's allegations failed to establish that there is a question of fact as to whether the agreement was procedurally or substantively unconscionable (see Gillman v Chase Manhattan Bank, 73 NY2d 1 [1988]). Plaintiff's remaining contentions are either without merit or are unpreserved for appellate review.

Accordingly, we affirm the order granting defendant's motion for summary judgment.

Pesce, P.J., Weston Patterson and Golia, JJ., concur. [*2]
Decision Date: June 5, 2006