LAW OFFS. OF ROSENBAUM v. GATEWAY, INC., 570378 (6-1-2004)

PER CURIAM:

The arbitration clause in the "Standard Terms of Sale and Limited Warranty Agreement" that accompanied the computer delivered to plaintiff was valid and enforceable ( see Brower v. Gateway 2000, 246 AD2d 246; Hill v. Gateway 2000, 105 F3d 1147, cert denied 522 US 808), and warranted the grant of defendant's motion to stay this small claims action pending arbitration. Plaintiff's assertion that defendant is not entitled to the benefit of the arbitration provision in the sales agreement is inconsistent with plaintiff's underlying claim that defendant is liable to it under the limited warranty set out in the agreement. We note that any application to discontinue the action should be made in the trial court.

This constitutes the decision and order of the court.