Commercial Division Blog

Posted: August 21, 2016 / Categories Commercial, Arbitation, Mediation and Other ADR

Claims Not Subject to Arbitration Stayed Pending Arbitration of Related Claims

On August 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in Moyal v. Sullo, 2016 NY Slip Op. 31559(U), staying claims not subject to arbitration pending the arbitration of related claims, explaining:

That branch of Sulla's and Moyal's motion seeking an order from this Court staying litigation of the Circle Press-related cross claims and counterclaims pending arbitration of the V12 LLC claims is appropriate. The determination in the arbitration proceeding could have a significant effect on the outcome of the related claims, and the specter of inconsistent findings in the absence of a stay is very real. Under these circumstances, those cross claims and counterclaims that are not subject to arbitration are stayed pending final resolution of the underlying arbitration.

(Internal citations omitted).