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

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

DecidedMay 24, 1994

StatusPublished

This text of 204 A.D.2d 206 (Wilrock National, Inc. v. Newmark & Company Real Estate, Inc.) 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

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).

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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.

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Bluebook (online)

204 A.D.2d 206, 612 N.Y.S.2d 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilrock-national-inc-v-newmark-company-real-estate-inc-nyappdiv-1994.