Wilrock National, Inc. v. Newmark & Company Real Estate, Inc.

Appellate Division of the Supreme Court of New York

Wilrock National, Inc. v. Newmark & Company Real Estate, Inc.

204 A.D.2d 206, 612 N.Y.S.2d 864

Appellate Division of the Supreme Court of the State of New York·Decided May 24, 1994·Published

Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about March 23, 1993, which denied plaintiff’s motion for a stay of arbitration and granted defendant Newmark & Company’s motion for a stay [207]*207of discovery in this judicial action, unanimously affirmed, with costs.

The IAS Court properly determined that plaintiff’s allegations of tortious conduct concerning a real estate commission are arbitrable pursuant to section 1 of article XIII of the Constitution of the Real Estate Board of New York, Inc. since they "pertain * * * to * * * business relations” between plaintiff and defendant Newmark. Concur—Murphy, P. J., Rosenberger, Kupferman, Ross and Tom, JJ.

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—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about March 23, 1993, which denied plaintiff’s motion for a stay of arbitration and granted defendant Newmark & Company’s motion for a stay [207]*207of discovery in this judicial action, unanimously affirmed, with costs.

The IAS Court properly determined that plaintiff’s allegations of tortious conduct concerning a real estate commission are arbitrable pursuant to section 1 of article XIII of the Constitution of the Real Estate Board of New York, Inc. since they "pertain * * * to * * * business relations” between plaintiff and defendant Newmark. Concur—Murphy, P. J., Rosenberger, Kupferman, Ross and Tom, JJ.

Wilrock National, Inc. v. Newmark & Company Real Estate, Inc., 204 A.D.2d 206, 612 N.Y.S.2d 864 (N.Y. Ct. App. 1994).

Pincite

204 A.D.2d 206 (Wilrock National, Inc. v. Newmark & Company Real Estate, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.