| Matter of CPS 1 Realty LP v R.P. Brennan Gen. Contrs. & Bldrs.,Inc. |
| 2009 NY Slip Op 07149 [66 AD3d 418] |
| October 6, 2009 |
| Appellate Division, First Department |
| In the Matter of CPS 1 Realty LP, Appellant, v R.P.Brennan General Contractors & Builders, Inc., Respondent. |
—[*1] Foreht Associates, LLP, New York (Stephen R. Foreht of counsel), for respondent.
Orders, Supreme Court, New York County (Barbara R. Kapnick, J.), entered March 10,2009, which denied petitioner's motions to stay arbitration and granted respondent's motion todismiss this proceeding, unanimously affirmed, with costs.
On a motion to stay arbitration, the court's "gatekeeper" role is limited to deciding whetherthere was a valid arbitration agreement, whether the parties complied with the agreement, andwhether the claim to be arbitrated was barred by the statute of limitations (see Cooper v Bruckner, 21 AD3d758, 759 [2005]).
Here, the court properly found that the issue of respondent's failure to provide timely noticesto petitioner, "though couched in terms of satisfaction of a condition precedent to arbitration, isin actuality nothing more than an allegation of noncompliance with the substantive terms of thecontract, a matter plainly encompassed by the arbitration clause" (Matter ofMontgomery-Otsego-Schoharie Solid Waste Mgt. Auth. [Bonded Insulation Co.], 215 AD2d995, 996 [1995]). Concur—Saxe, J.P., Sweeny, Moskowitz, Acosta and Richter, JJ.[See 22 Misc 3d 1135(A), 2009 NY Slip Op 50451(U).]