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Days Impex Limited v. Solomon Blum Heymann & Stich LLP

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 25, 2010

IN RE DAYS IMPEX LIMITED, PETITIONER-APPELLANT,
v.
SOLOMON BLUM HEYMANN & STICH LLP, RESPONDENT-RESPONDENT.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered October 28, 2009, which denied the petition for a permanent injunction staying 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.

Andrias, J.P., Saxe, McGuire, Moskowitz, Freedman, JJ.

650532/09

The arbitration clause in the contract was clear, explicit and unequivocal, and thus should be fully enforced. Petitioner, whose principal reviewed and signed two retainer agreements containing the arbitration clause, did not demonstrate a failure on its part to understand the implications of the provision (Arrowhead Golf Club, LLC v Bryan Cave, LLP, 59 AD3d 347 [2009]).

Inasmuch as the agreement to arbitrate is binding and enforceable, petitioner's remaining arguments on enforceability of the indemnification provision should be raised before the arbitrator.

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

20100525

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