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Daily Archives: Thursday, November 1, 2018

Posted: November 1, 2018

Proceeding to Compel Arbitration Cannot be Initiated Until Opponent Begins Litigation

On October 16, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in KPMG LLP v. Kirschner, 2018 NY Slip Op. 32661(U), holding that a plaintiff cannot bring a proceeding to compel arbitration until the defendant begins litigation, explaining: CPLR ยง 7503(a) provides: A party aggrieved by the failure of another… Read more »