PS Fin., LLC v Eureka Woodworks, Inc

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PS Fin., LLC v Eureka Woodworks, Inc 2017 NY Slip Op 33534(U) December 14, 2017 Supreme Court, Richmond County Docket Number: Index No. 150833/2017 Judge: Jr., Orlando Marrazzo Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 150833/2017 FILED: RICHMOND COUNTY CLERK 12/20/2017 11:48 AM NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/20/2017 SUPREME COURT OF THE ST ATE OF NEW YORK COUNTY OF RICHMOND DCM PART 21 PS FINANCE, LLC, A NEW YORK LIMITED LIABILITY COMPANY, HON. ORLANDO MARRAZZO, JR. Plaintiff(s), Index No.: 150833/2017 Motion No. 1, 2, 3 -against- EUREKA WOODWORKS, INC; PARKER LAW FIRM, LTD; TIMOTHY S. PARKER ESQUIRE, Individually. Defendant(s). The following numbered to were fully submitted on 12m Day of September, 2017 Papers Numbered Notice of Motion For Summary Judgment In Lieu of Complaint with Supporting papers and Exhibits, dated April 7, 2017 ............... ............... ............... ........ 1 Defendant Parker's Affirmation in Opposition with Supporting papers and Exhibits, dated May 10,2017 ............... ............... ............... ............... ......... 2 Plaintiffs Reply, dated May 22, 2017 ............... ............... ............... . 3 Notice of Motion For Summary Judgment In Lieu of Complaint with Supporting papers and Exhibits, dated June 23, 2017 ............... ............... ............... ....... 4 Notice of Cross-Motion by all defendants for Summary Judgment against plaintiff with Supporting papers and Exhibits, dated July 10, 2017 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Reply, dated August 5, 2017 ............... ............... ............... ........ 6 All motions herein are denied and all further court action on this matter are refereed to arbitration. [* 1] 1 of 2 INDEX NO. 150833/2017 FILED: RICHMOND COUNTY CLERK 12/20/2017 11:48 AM NYSCEF DOC. NO. 89 ,. RECEIVED NYSCEF: 12/20/2017 Article 10 of "Pl ain tiff 's Agreement" bet we en the par ties herein 1s the Arbitration Clause. Ac cor din g to the Arbitration Clause, "[t]his agreement will be construed in accordance wit h the law of the State ofN ew York. An y con trov ers y or cla im aris ing out of or relating to this contract, inc luding wit hou t limitation the interpreta tion, validity, enforceability or breach thereo f, shall be settled by final, bin din g arbitra tion administered by the Am eric an Arb itra tion Ass oci atio n in accordance with its commercial Arbitration Rules, and jud gm ent on the award ren der ed by the arb itrator may be entered in any cou rt hav ing jur isd icti on the reo f.... " Clearly, by contract the parties herein elected to use arbitration. Accordingly, this cou rt at this jun ctu re does not hav e jur isd icti on ove r this matter. This court dismisses this act ion and directs the parties to see k the ir redress in arb itra tion as defined in Article 10 of the ir agreement . This constitutes the decision and ord er of the court. Dated: De cem ber 14, 201 7 Staten Island, Ne w Yo rk /; I / // I [* 2] 2 of 2 / I / '

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