| Herrick Feinstein LLP v Baram |
| 2015 NY Slip Op 07552 [132 AD3d 499] |
| October 15, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Herrick Feinstein LLP, Respondent, v Noam Baram et al., Appellants. |
Law Office of Carl E. Person, New York (Carl E. Person of counsel), for appellants.
Herrick, Feinstein LLP, New York (Anna M. Hershenberg of counsel), for respondent.
Order, Supreme Court, New York County (Melvin Schweitzer, J.), entered September 10, 2014, which granted petitioner Herrick Feinstein's motion to permanently stay arbitration, unanimously affirmed, without costs.
The IAS court correctly determined that the legal malpractice arbitration commenced by respondents was barred by the statute of limitations, having been commenced more than three years after the representation ended (CPLR 214 [6]). The arbitration agreement did not implicate interstate commerce and the Federal Arbitration Act does not apply, therefore respondents' reliance on Cusimano v Schnurr (40 Misc 3d 1208[A], 2013 NY Slip Op 51077[U] [Sup Ct, NY County 2013], revd 120 AD3d 142 [2014], lv granted 24 NY3d 909 [2014]) is unavailing.
We have considered the remaining arguments and find them unavailing. Concur—Sweeny, J.P., Acosta, Renwick and Moskowitz, JJ.