| Garthon Bus. Inc. v Stein |
| 2017 NY Slip Op 07160 [30 NY3d 943] |
| October 12, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 6, 2017 |
| Garthon Business Inc. et al., Respondents, v Kirill Ace Stein et al., Appellants. |
Argued September 12, 2017; decided October 12, 2017
Garthon Bus. Inc. v Kirill Ace Stein, 138 AD3d 587, reversed.
Turek Roth Grossman LLP, New York City (Jason A. Grossman and Gaddi Goren of counsel), for Kirill Ace Stein, appellant.
Siri & Glimstad LLP, New York City (Aaron Siri and Mason Barney of counsel), for Aurdeley Enterprises Limited, appellant.
Hogan Lovells US LLP, New York City (Pieter Van Tol and Daryl L. Kleiman of counsel), for respondents.
Memorandum.
[*2]The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motions to compel arbitration granted.
Under the circumstances of this case, including the terms of the parties' final agreements, which incorporated the rules of the London Court of International Arbitration, the issue of whether the dispute is arbitrable should be resolved by the arbitrator (see Matter of Monarch Consulting, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA, 26 NY3d 659, 676-677 [2016]; Matter of Nationwide Gen. Ins. Co. v Investors Ins. Co. of Am., 37 NY2d 91, 95 [1975]).
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.{**30 NY3d at 945}
Order, insofar as appealed from, reversed, with costs, and motions to compel arbitration granted, in a memorandum.