Blum v Accurate Chem. & Scientific Corp.

Blum v Accurate Chem. & Scientific Corp. 2014 NY Slip Op 07609 Decided on November 12, 2014 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 November 12, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
BETSY BARROS, JJ.
2013-02295
(Index No. 6093/12)

[*1]Melvin Blum, etc., appellant,

v

Accurate Chemical & Scientific Corp., et al., respondents.

Moritt Hock & Hamroff, LLP, Garden City, N.Y. (Lee J. Mendelson and Juan Luis Garcia of counsel), for appellant.

Farrell Fritz, P.C., Uniondale, N.Y. (James M. Wicks of counsel), for respondents.

DECISION & ORDER

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated January 10, 2013, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendants established, prima facie, that all of the allegations in the complaint were "reasonably and plainly comprehended to be within the scope of the dispute submitted to arbitration," and that the arbitration award fixing the value of the plaintiff's stock necessarily determined that there was no dishonesty involved (Wallenstein v Cohen, 45 AD3d 674, 675). In opposition, the plaintiff failed to raise a triable issue of fact as to whether he was deprived of a full and fair opportunity during the previous arbitration to litigate the issues raised in this action (see Clemins v Apple, 65 NY2d 746; Culpepper v Allstate Ins. Co., 31 AD3d 490, 491). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court