SUM v. TISHMAN SPEYER PROPERTIES INC (2007)

Order, Supreme Court, New York County (Carol Edmead, J.), entered December 2, 2005, which, in an action for gender discrimination under the New York City Human Rights Law, granted defendants' motion to compel arbitration, unanimously affirmed, without costs.

The collective bargaining agreement governing plaintiff's employment contains an arbitration agreement that specifically includes within its scope gender discrimination claims under the New York City Human Rights Law. This union-negotiated waiver of plaintiff's right to a judicial forum to pursue the statutory claims here at issue is “clear and unmistakable,” and enforceable (Wright v. Universal Mar. Serv. Corp., 525 U.S. 70, 80-82, 119 S.Ct. 391, 142 L.Ed.2d 361 [1998];  see Garcia v. Bellmarc Prop. Mgt., 295 A.D.2d 233, 745 N.Y.S.2d 13 [2002];  Torres v. Four Seasons Hotel, 277 A.D.2d 23, 715 N.Y.S.2d 28 [2000];  and see Carson v. Giant Food, Inc., 175 F.3d 325, 331 [1999] ).   We have considered plaintiff's remaining arguments and find them unavailing.