Revis v Schwartz, 8 NY3d at 939 (2024)

2022 NY Slip Op 01867 [38 NY3d 939]
March 17, 2022
Court of Appeals

[*1]

In the Matter of Darrelle Revis et al., Appellants,
v
Neil Schwartz et al., Respondents.

Argued February 9, 2022; decided March 17, 2022

Revis v Schwartz, 192 AD3d 127, affirmed.

{**38 NY3d at 939} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. Based on the allegations in the complaint, alleging intertwined claims of breach of fiduciary duty, unjust enrichment, and equitable fraud and seeking rescission of all the parties’ agreements plus damages and disgorgement of fees arising therefrom, the Appellate Division properly concluded that the gateway questions of arbitrability should be resolved by the arbitrator (see Garthon Bus. Inc. v Stein, 30 NY3d 943, 944 [2017]; Life Receivables Trust v Goshawk Syndicate 102 at Lloyd’s, 14 NY3d 850, 851 [2010]; Matter of Board of Educ. of Watertown City School Dist. [Watertown Educ. Assn.], 93 NY2d 132, 143 [1999]; see generally Henry Schein, Inc. v Archer & White Sales, Inc., 586 US &mdash, 139 S Ct 524 [2019]).

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.

Order affirmed, with costs, in a memorandum.