Matter of Sweedler v DSJS, Inc.

Matter of Sweedler v DSJS, Inc. 2013 NY Slip Op 07263 Decided on November 7, 2013 Appellate Division, First 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 November 7, 2013
Sweeny, J.P., Moskowitz, Renwick, DeGrasse, Gische, JJ.
10961N 651019/13

[*1]In re David Sweedler, et al., Petitioners-Appellants,

v

DSJS, Inc., Respondent-Respondent.




Silverman Acampora LLP, Jericho (Robert J. Ansell of counsel),
for appellants.
Proskauer Rose LLP, New York (Peter J.W. Sherwin of
counsel), for respondent.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered April 23, 2013, which, inter alia, denied the petition to permanently stay arbitration, unanimously affirmed, with costs.

Petitioners failed to raise an issue of fact to justify a stay of the arbitration provided for in the parties' Commission Agreement (see Matter of Commercial Union Ins. Cos. [Pouncy], 120 AD2d 382 [1st Dept 1986]). Indeed, the petition is predicated solely on the fact that petitioners are not signatories to the agreement. By its own terms, the agreement is binding upon the signatory, Windpost Apparel Group, LLC "and all of its parents,
subsidiaries, affiliates and divisions." The evidence of petitioners' relationship with Windpost supports the determination dismissing the petition.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 7, 2013

CLERK