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SAUL S. COHEN, Petitioner-Appellant, v. ARK ASSET HOLDINGS, INC., Respondent-Respondent. For a Judgment, etc.,

Having properly determined that the parties had entered into a valid arbitration agreement, and that the question of whether respondent's purchase of petitioner's shares was effective was arbitrable pursuant to that agreement, the IAS court's inquiry was completed and arbitration of the arbitrable issue was properly directed. Where arbitrable and nonarbitrable claims are inextricably interwoven, the proper course is to stay judicial proceedings pending completion of the arbitration, particularly where, as here, the determination of issues in arbitration may well dispose of nonarbitrable matters (see, Marcus v. Millwork Trading Co., 208 A.D.2d 448; Meda Intl., Inc. v. Salzman, 24 A.D.2d 710).

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

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COHEN v. ARK ASSET HOLDINGS, INC
(Jan 13, 2000)