Public-domain · open source
OpenJurist

228 A.D.2d 306

Bogard v. Paul

Appellate Division of the Supreme Court of the State of New York · decided 1996-06-18

Decided 1996-06-18

¶1Under the broad arbitration clause prepared by plaintiff as attorney for all parties herein, the causes of action were properly directed to arbitration by the motion court. There are no public policy considerations involved in this purely personal dispute which would impel a court not to honor the parties’ agreement providing for arbitration (see, Matter of Wertlieb. [Greystone Partnerships Group], 165 AD2d 644).

¶2As to plaintiff’s cross motion, a sufficient question of fact is presented on the issue of continuous representation so as to preclude dismissal of the counterclaims on Statute of Limitations grounds (see, Weiss v Manfredi, 83 NY2d 974, 977).

¶3We have considered plaintiff’s other contentions and find them to be without merit. Concur—Sullivan, J. P., Milonas, Ross and Tom, JJ.

/228/ad2d/306 · .json · Public domain