LLP v. Noam Baram, et al., Respondents–Appellants. (2015)

Supreme Court, Appellate Division, First Department.

N Herrick Feinstein LLP, Petitioner–Respondent, v. Noam Baram, et al., Respondents–Appellants.

1581 0

Decided: October 15, 2015

Sweeny, J.P., Acosta, Renwick, Moskowitz, JJ.

Law Office of Carl E. Person, New York (Carl E. Person of counsel), for appellants. Herrick, Feinstein LLP, New York (Anna M. Hershenberg of counsel), for respondent.

Order, Supreme Court, New York County (Melvin Schweitzer, J.), entered September 10, 2014, which granted petitioner Herrick Feinstein's motion to permanently stay arbitration, unanimously affirmed, without costs.

The IAS court correctly determined that the legal malpractice arbitration commenced by respondents was barred by the statute of limitations, having been commenced more than three years after the representation ended (CPLR 214 [6] ). The arbitration agreement did not implicate interstate commerce and the FAA does not apply, therefore respondents' reliance on Cusimano v. Schnurr (40 Misc.3d 1208[A] [Sup Ct, N.Y. County 2013], revd 120 AD3d 142 [2014], lv granted 24 NY3d 909 [2014] ) is unavailing.

We have considered the remaining arguments and find them unavailing.

CLERK

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