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In the Matter of LOIS KATZ et al., Respondents, v. CHARLES ALPERT et al., Appellants.

The court properly determined that respondents failed to demonstrate that; the 1996 A. Alpert Trust was the alter ego of Abraham Alpert. There is no snowing that Alpert dominated and controlled the trust or acted to perpetrate a fraud or injustice. Accordingly, the trust is not subject to the arbitration provision to which Alpert was bound ( see TNS Holdings v MKI Sec. Corp., 92 NY2d 335, 339-340). Contrary to respondents' contention, the evidence does not raise a "substantial question" requiring a hearing on the issue of arbitrability (CPLR 7503 [a]).

Given the foregoing, we need not decide whether respondents' claims are barred by the six-year statute of limitations governing breach of contract claims, or whether they are revived by the relation-back doctrine.

We have considered respondents' remaining contentions and find them unavailing.

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IN RE KATZ
(Mar 22, 2011)