McKay v. Wilson

121 A.D.3d 564, 993 N.Y.S.2d 903

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 23, 2014
• Docket: 155186/13
• Status: Published

Opinion

Order, Supreme Court, New York County (Saliann Scarpulla, J), entered February 11, 2014, which granted the motion of defendants Clyde & Co US LLP and Clyde & Co LLP (collectively Clyde & Co.) to compel arbitration and stayed the instant litigation pending the arbitration, unanimously affirmed, without costs.

When plaintiff commenced employment with Clyde & Co., he executed an acknowledgment wherein he agreed to be bound by the policies set forth in the firm’s employee handbook. Among the policies clearly set forth was the requirement that plaintiff arbitrate all claims or causes of action against the firm through a mandatory dispute resolution program. Accordingly, the motion court correctly determined that plaintiff, who is an experienced attorney, agreed to mandatory arbitration of any claims arising from his employment and correctly stayed the instant proceeding during the pendency of the arbitration (see generally Greenfield v Philles Records, 98 NY2d 562, 569 [2002]).

We have considered plaintiffs remaining arguments and find them unavailing.

Concur — Gonzalez, PJ., Mazzarelli, Andrias, DeGrasse and Clark, JJ.