REVIS v. SCHWARTZ (2022)

Court of Appeals of New York.

Darrelle REVIS et al., Appellants, v. Neil SCHWARTZ, et al., Respondents.

No. 13

Decided: March 17, 2022

Williams & Connolly LLP, Washington, D.C. (Mark S. Levinstein, of the District of Columbia bar, admitted pro hac vice, and William I. Stewart, of the District of Columbia bar, admitted pro hac vice, of counsel), and Krovatin Nau LLC, Newark, New Jersey (Helen A. Nau of counsel), for appellants. Duane Morris LLP, New York City (Mario A. Aieta of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Based on the allegations in the complaint, alleging intertwined claims of breach of fiduciary duty, unjust enrichment, and equitable fraud and seeking rescission of all the parties’ agreements plus damages and disgorgement of fees arising therefrom, the Appellate Division properly concluded that the gateway questions of arbitrability should be resolved by the arbitrator (see Garthon Bus. Inc. v. Stein, 30 N.Y.3d 943, 944, 64 N.Y.S.3d 622, 86 N.E.3d 514 [2017]; Life Receivables Trust v. Goshawk Syndicate 102 at Lloyd's, 14 N.Y.3d 850, 851, 901 N.Y.S.2d 133, 927 N.E.2d 553 [2010]; Matter of Board of Educ. of Watertown City School Dist. [Watertown Educ. Assn.], 93 N.Y.2d 132, 143, 688 N.Y.S.2d 463, 710 N.E.2d 1064 [1999]; see generally Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ––––, 139 S. Ct. 524, 202 L.Ed.2d 480 [2019]).

Order affirmed, with costs, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.

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