IN RE: Petition of Christopher M. JEFFRIES

Reset A A Font size: Print

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

IN RE: Petition of Christopher M. JEFFRIES, Petitioner-Appellant, v. Stephen M. ROSS, Respondent-Respondent.

Decided: April 29, 1997

Before MILONAS, J.P., and ELLERIN, NARDELLI and WILLIAMS, JJ. John Gleason, for Petitioner-Appellant. Judith M. Shampanier, for Respondent-Respondent.

Judgment, Supreme Court, New York County (Carol Huff, J.), entered on April 23, 1996, which denied petitioner's application to stay arbitration and dismissed the petition, unanimously affirmed, with costs.

Petitioner's contention that there was not a valid agreement to arbitrate due to the fact that the contract as a whole was allegedly vague and therefore unenforceable is without merit (see, Matter of Prinze v. Jonas, 38 N.Y.2d 570, 576-577, 381 N.Y.S.2d 824, 345 N.E.2d 295).   Since the parties' intent to arbitrate “any dispute” under the agreement was clear and unequivocal, and since respondent's claim falls within the scope of the arbitration clause, petitioner's application was properly denied (see, Sisters of St. John the Baptist v. Phillips R. Geraghty Constructor, Inc., 67 N.Y.2d 997, 998, 502 N.Y.S.2d 997, 494 N.E.2d 102).

MEMORANDUM DECISION.