| Intriago v Slomin's Shield |
| 2015 NY Slip Op 50492(U) [47 Misc 3d 135(A)] |
| Decided on March 30, 2015 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the District Court of Nassau County, Second District (Douglas J. Lerose, J.), dated June 17, 2013. The order denied defendant's motion to compel arbitration and to stay the action pending arbitration.
ORDERED that the order is reversed, without costs, and defendant's motion to compel arbitration and to stay the action pending arbitration is granted.
In this small claims action, plaintiff seeks to recover the principal sum of $2,543, based, in effect, on defendant's alleged breach of a contract for the sale and installation of a security system and the provision of security monitoring services. Defendant moved to compel arbitration and to stay the action pending arbitration, on the ground that the parties' contract included a clause pursuant to which, "Any action or dispute between the parties, including issues of arbitrability, shall, at the option of either party, be determined by arbitration administered by Arbitration Services Inc., under its Commercial Arbitration Rules found at www.natarb.com." Plaintiff submitted opposition, and the Civil Court denied the motion.
For the reasons stated in Schiffer v Slomin's, Inc. (__ Misc 3d __, 2015 NY Slip Op ____ [appeal No. 2013-1867 N C], decided herewith), the order is reversed and defendant's motion to compel arbitration and to stay the action pending arbitration is granted.
Marano, P.J., Iannacci and Garguilo, JJ., concur.