SMITH BARNEY HARRIS UPHAM CO. v. LUCKIE

The parties' intention to resolve all disputes by arbitration being clear, dismissal of respondent's claims pursuant to CPLR 7502 (b) would defeat the policies of the Federal Arbitration Act ( 9 U.S.C. § 1 et seq.; see, Volt Information Sciences v Stanford Univ., 489 U.S. 468, 479). Accordingly, we affirm the denial of petitioner's application on the ground that the arbitrators should decide the Statute of Limitations issue, including whether New York or Florida law applies.

Concur — Murphy, P.J., Ellerin, Wallach, Kassal and Nardelli, JJ.