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Tausend v. N.J.R. Associates

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


November 5, 2009

NICOLE TAUSEND, ETC., PETITIONER-APPELLANT,
v.
N.J.R. ASSOCIATES, ETC., ET AL., RESPONDENTS-RESPONDENTS.

Judgment, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered April 30, 2009, dismissing the petition to stay arbitration, 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.

Sweeny, J.P., Buckley, Catterson, Acosta, Freedman, JJ.

602926/08

The court correctly granted respondents' motion to dismiss the petition to stay arbitration. There is insufficient evidence of record to substantiate petitioner's claim that she was induced by fraud to enter into the arbitration agreement, and it has not been shown that the entire partnership agreement was permeated by fraud so as to invalidate the arbitration provision (see Matter of Weinrott [Carp], 32 NY2d 190, 197 [1973]).

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

20091105

© 1992-2009 VersusLaw Inc.



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