Gibson v. Seabury Transportation Advisor LLC
Opinion of the Court
The arbitration clause in the parties’ agreement “evince[s] a ‘clear and unmistakable’ agreement to arbitrate arbitrability” (see Matter of Smith Barney Shearson v Sacharow, 91 NY2d 39, 46 [1997]; Life Receivables Trust v Goshawk Syndicate 102 at Lloyd’s, 66 AD3d 495, 496 [2009], affd 14 NY3d 850 [2010], cert denied 562 US —, 131 S Ct 463 [2010]). It provides that any “dispute, difference, controversy or claim arising in connection with or related or incidental to, or questions occurring under,
Since it has yet to be determined whether plaintiffs claims against Seabury Transportation are arbitrable, it would be premature to sever and stay the claims against Seabury Aviation. Concur — Friedman, J.P, Sweeny, Acosta, Ren wick and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.