Blum v. Accurate Chemical & Scientific Corp.

Appellate Division of the Supreme Court of New York

Blum v. Accurate Chemical & Scientific Corp.

122 A.D.3d 655, 994 N.Y.S.2d 870

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 2014

Docket2013-02295

StatusPublished

This text of 122 A.D.3d 655 (Blum v. Accurate Chemical & Scientific Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blum v. Accurate Chemical & Scientific Corp., 122 A.D.3d 655, 994 N.Y.S.2d 870 (N.Y. Ct. App. 2014).

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Opinion

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Nassau *656 County (Bucaria, J.), dated January 10, 2013, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established, prima facie, that all of the allegations in the complaint were “reasonably and plainly comprehended to be within the scope of the dispute submitted to arbitration,” and that the arbitration award fixing the value of the plaintiff’s stock necessarily determined that there was no dishonesty involved (Wallenstein v Cohen, 45 AD3d 674, 675 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact as to whether he was deprived of a full and fair opportunity during the previous arbitration to litigate the issues raised in this action (see Clemens v Apple, 65 NY2d 746 [1985]; Culpepper v Allstate Ins. Co., 31 AD3d 490, 491 [2006]). Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint.

Chambers, J.E, Sgroi, Miller and Barros, JJ., concur.

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In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Nassau *656 County (Bucaria, J.), dated January 10, 2013, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established, prima facie, that all of the allegations in the complaint were “reasonably and plainly comprehended to be within the scope of the dispute submitted to arbitration,” and that the arbitration award fixing the value of the plaintiff’s stock necessarily determined that there was no dishonesty involved (Wallenstein v Cohen, 45 AD3d 674, 675 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact as to whether he was deprived of a full and fair opportunity during the previous arbitration to litigate the issues raised in this action (see Clemens v Apple, 65 NY2d 746 [1985]; Culpepper v Allstate Ins. Co., 31 AD3d 490, 491 [2006]). Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint.

Chambers, J.E, Sgroi, Miller and Barros, JJ., concur.

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Bluebook (online)

122 A.D.3d 655, 994 N.Y.S.2d 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blum-v-accurate-chemical-scientific-corp-nyappdiv-2014.

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