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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: October 16, 2016

Plaintiff Bound by Arbitration in Partnership Agreement Even Though He Had Not Signed Agreement

On October 11, 2016, the First Department issued a decision in Gibbs v. Holland & Knight, LLP, 2016 NY Slip Op. 06670, holding that a plaintiff was bound by a partnership agreement he had not signed, explaining: “The motion court correctly found that, although plaintiff had not signed the partnership agreement containing the arbitration provision, he had assumed the duty to arbitrate by annually agreeing to be bound by the partnership agreement and by repeatedly invoking the dispute resolution provision in the partnership agreement.”

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