IN RE: Application of Marshall B. ALLEN (1997)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Marshall B. ALLEN, Individually, and on Behalf of Sarah D. Allen, Petitioner-Appellant, For an order, etc., v. EYCHNER ASSOCIATES, INC., Respondent-Respondent.

Decided: January 28, 1997

Before NARDELLI, J.P., and RUBIN, MAZZARELLI and ANDRIAS, JJ.

Robert J. Randell, for petitioner-appellant. Robert C. Graubard, for respondent-respondent.

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered August 20, 1996, which, in a dispute involving respondent broker's right to a commission under a brokerage contract containing a broad arbitration clause, denied petitioner's application to stay arbitration, unanimously affirmed, with costs.

Questions relating to whether the contract had expired prior to respondent's performance, i.e., when the buyer first made his offer and whether petitioner's wife had apparent authority to unilaterally extend the term of the contract, are for the arbitrator (see, Matter of Nationwide Gen. Ins. Co. v. Investors Ins. Co., 37 N.Y.2d 91, 95-96, 371 N.Y.S.2d 463, 332 N.E.2d 333; Avalon Intl. Trading Corp. v. GST Receivables Mgt. Corp., 220 A.D.2d 248, 632 N.Y.S.2d 95).

MEMORANDUM DECISION.

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