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Arrowhead Golf Club, LLC v. Bryan Cave

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 26, 2009

ARROWHEAD GOLF CLUB, LLC, PLAINTIFF-APPELLANT,
v.
BRYAN CAVE, LLP, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered April 15, 2008, which granted defendants' motion to compel arbitration of plaintiff's claims and dismissed the complaint, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Catterson, McGuire, Moskowitz, Acosta, JJ.

109472/07

The arbitration provision was enforceable, as evidenced by plaintiff's intent to be bound by the retainer agreements included therein (God's Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371 [2006]). Plaintiff's adoption of those agreements as the basis for its claims signaled its intention to put this dispute to arbitration (see McAlley v Boise-Griffin S.S. Co., 81 AD2d 771 [1981], appeal dismissed 54 NY2d 827 [1981]).

Contrary to plaintiff's suggestions, the arbitration provision was not unconscionable. The provision is clearly not the product of disparate bargaining power or deceptive language in the contract, and there is no evidence that plaintiff lacked meaningful choice or was otherwise pressured into executing the engagement letters containing the provision (see Gillman v Chase Manhattan Bank, 73 NY2d 1, 10-11 [1988]; Thies v Bryan Cave LLP, 35 AD3d 252 [2006]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090226

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