Tausend v N.J.R. Assoc.

Tausend v N.J.R. Assoc. 2009 NY Slip Op 07958 [67 AD3d 441] November 5, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

Nicole Tausend, as a Limited Partner of N.J.R. Associates, Appellant,
v
N.J.R. Associates et al., Respondents.

—[*1] Dewey & LeBoeuf LLP, New York (John G. Nicolich of counsel), for appellant.

Siller Wilk LLP, New York (Alan D. Zuckerbrod of counsel), for respondents.

Judgment, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered April 30, 2009, dismissing the petition to stay arbitration, unanimously affirmed, with costs.

The court correctly granted respondents' motion to dismiss the petition to stay arbitration. There is insufficient evidence of record to substantiate petitioner's claim that she was induced by fraud to enter into the arbitration agreement, and it has not been shown that the entire partnership agreement was permeated by fraud so as to invalidate the arbitration provision (see Matter of Weinrott [Carp], 32 NY2d 190, 197 [1973]). Concur—Sweeny, J.P., Buckley, Catterson, Acosta and Freedman, JJ.