Tanya Isaacs, respondent, v. LLC (2012)

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

Tanya Isaacs, respondent, v. Prospect Park, LLC, appellant.

2011–04547 (Index No. 470 /10)

Decided: May 23, 2012

WILLIAM F. MASTRO, A.P.J. ANITA R. FLORIO CHERYL E. CHAMBERS SHERI S. ROMAN, JJ.

Arrufat Gracia, PLLC, New York, N.Y. (Christie M. Delbrey of counsel), for appellant. Eric Nelson, Staten Island, N.Y., for respondent.

Submitted—April 20, 2012

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated September 21, 2010, which denied its motion pursuant to CPLR 7503(a) to compel arbitration.

ORDERED that the order is affirmed, with costs.

The defendant is not entitled to arbitration, as the parties did not agree that the arbitration clause in the contract at issue was to survive the delivery of title (see 527 Smith St. Brooklyn Corp. v Bayside Fuel Oil Depot Corp., 262 A.D.2d 278; cf. Matter of Praetorian Realty Corp. [Presidential Towers Residence ], 40 N.Y.2d 897).

In light of our conclusion, we need not reach the parties' remaining contentions.

MASTRO, A.P.J., FLORIO, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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