Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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June 27, 2021 Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability
On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. Pricew… Read More
June 26, 2021 Award Vacated Because it was Issued After the Deadline Set by the Parties
On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matt… Read More
June 23, 2021 Agents for a Partially-Disclosed Principal Bound by Agreement's Arbitration Provision
On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narra… Read More
June 19, 2021 Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators
On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
June 12, 2021 Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP… Read More
May 13, 2021 Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory
On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 202… Read More
May 11, 2021 When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable
On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Met… Read More
May 8, 2021 Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award
On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02… Read More
April 25, 2021 Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue
On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner … Read More
April 22, 2021 Court Soundly Rejects Attempt to Disqualify Arbitrators
On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Hun… Read More
February 13, 2021 Broker's Dispute Not Covered by FINRA Arbitration Rules
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. … Read More
February 7, 2021 Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
January 24, 2021 Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104… Read More
January 1, 2021 Non-Signatories Not Bound by Agreement's Arbitration Provision
On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 28, 2020 Parties Bound by Agreement to Beth Din Arbitration
On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 27, 2020 FINRA Rules Held to Create Obligation to Arbitrate
On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 24, 2020 Mere Guarantor Bound by Agreement's Arbitration Clause
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Broo… Read More
October 27, 2020 Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 25, 2020 Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 10, 2020 When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable
On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
August 15, 2020 Court Stays Lawsuit Pending Resolution of Prior Pending Arbitration
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in CMB… Read More
July 29, 2020 Court Upholds Arbitrator's Sanctions Award
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 21, 2020 Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process
On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loca… Read More
July 14, 2020 Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision
On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TC… Read More
July 11, 2020 Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stai… Read More
June 22, 2020 Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims
On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 20… Read More
May 6, 2020 Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co.… Read More
April 27, 2020 Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute
On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
April 18, 2020 Party That Did Not Sign Agreement Containing Arbitration Provision Not Required to Arbitrate Dispute
On April 16, 2020, the First Department issued a decision in Matter of KPMG LLP v. Kirschner, 2020 N… Read More
February 8, 2020 Claimant Did Not Waive Arbitration Provision By Bringing An Action But Dismissing it Less Than a Month Later
On January 21, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
January 6, 2020 PRESUMPTIVE ADR IN NEW YORK COURTS
The information below is from the City Bar Association regarding a program on the Chief Judge's pres… Read More
December 24, 2019 Interlocutory Arbitral Awards Not Subject to Judicial Review
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dwo… Read More
November 25, 2019 Whether Non-Signatory of Arbitration Provision Bound By it is Question for Court, Not Arbitrator
On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal … Read More
November 2, 2019 Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v.… Read More
October 25, 2019 Requiring Employees to View and Acknowledge Seeing Presentation on Mandatory Arbitration Does Not Create Binding Agreement to Arbitrate
On January 16, 2019, the Appellate Division of the Superior Court issued a decision in Skuse v, Pfiz… Read More
October 17, 2019 Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
August 1, 2019 Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ U… Read More
July 16, 2019 When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide
On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Sur… Read More
July 10, 2019 Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney's Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Sli… Read More
June 24, 2019 Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law
On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Wern… Read More
June 9, 2019 Appellants Who Were Not Parties to Arbitration Waived Right to Challenge Award
On June 6, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman,… Read More
June 6, 2019 Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended
On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo W… Read More
May 19, 2019 Based on FINRA Rules, Court Declines to Order Class Action Arbitration
On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY … Read More
May 6, 2019 Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 19, 2019 Court Cannot Rule on Whether Dispute is Arbitrable When Agreement Explicitly Assigns That Task to the Arbitrator
On March 26, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in¬… Read More
April 14, 2019 First Department Affirms Order Remanding Arbitration to New Arbitrator
On April 11, 2019, the First Department issued a decision in Policy Admin. Solutions, Inc. v. QBE Ho… Read More
March 23, 2019 Non-Signatories Not Bound by Agreement to Arbitrate
On February 25, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
February 16, 2019 Prompt Payment Act's Arbitration Provisions Make Contract's Agreement to Litigate Disputes Covered by the Act Unenforceable
On January 30, 2019, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
January 29, 2019 Party That Benefited from Agreement With Arbitration Provision Bound by That Provision
On January 18, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 26, 2019 Party Waived Right to Arbitrate By Suing Rather Than Moving to Compel Arbitration
On January 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 17, 2019 Court Rejects Defense That Arbitration Agreement Was Signed Under Duress
On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
December 8, 2018 Court Refuses to Vacate Arbitral Award for Arbitrator Bias
On November 28, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
November 29, 2018 Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract
On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
November 27, 2018 Plaintiff Not Entitled to Stay of Arbitration
On November 27, 2018, the First Department issued a decision in New 110 Cipriani Units, LLC v. Board… Read More
November 27, 2018 Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbit… Read More
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 i… Read More
October 31, 2018 Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims
On October 9, 2018, Justice Schecter issued a decision in¬†Gladstein v. Keane, 2018 NY Slip Op. 3256… Read More
October 26, 2018 Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in¬†N… Read More
October 16, 2018 Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (U… Read More
September 29, 2018 Court Erred in Vacating Arbitral Award; High Standard for Manifest Disregard of the Law Not Met
On September 27, 2018, the First Department issued a decision in Matter of Daesang Corp. v. NutraSwe… Read More
September 23, 2018 Former LLC Manager's Claims Regarding His Removal Must be Arbitrated
On September 17, 2018, Justice Schecter of the New York County Commercial Division issued a decision… Read More
August 24, 2018 Court Refuses to Vacate Arbitral Award Despite Respondent's Claim That She Did Not Receive Notice of Arbitration
On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
July 10, 2018 Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision
On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle C… Read More
July 8, 2018 Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision
On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 … Read More
June 2, 2018 Plaintiff Cannot Avoid Arbitration Absent Allegations of Fraud Relating Specifically to Inclusion of Arbitration Clause
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Cu… Read More
May 25, 2018 Breach of Contract Action Barred by Contract's Mandatory Mediation Provision
On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767… Read More
May 7, 2018 Failure to Use Contract's Pre-Suit Dispute Resolution Process Dooms Claim
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Syst… Read More
May 5, 2018 Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Foo… Read More
May 2, 2018 Whether Signature on Agreement Containing Arbitration Clause Was Forged is for Court to Determine
April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, ho… Read More
April 30, 2018 Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party's Fact Witness and Was Under Indictment
On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v… Read More
April 24, 2018 Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit
On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, … Read More
March 18, 2018 Specific Forum Selection Clause in Broker's Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4
On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 3, 2018 Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract's Jury Waiver
On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
January 14, 2018 Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement
On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in H… Read More
January 6, 2018 No Improper Influence; Arbitrator's Potential Retention by Affiliate of Party Was On Unrelated Matter and Was Disclosed
On January 2, 2018, the First Department issued a decision in Matter of Mexvalo, S. De R.L. De C.V. … Read More
December 17, 2017 Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing
On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 3, 2017 Arbitrability of Claim Determined by the Arbitrator Where Agreement Incorporates Rules of the London Court of International Arbitration
On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY S… Read More
October 15, 2017 Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gi… Read More
September 15, 2017 Parties Waived Right to Arbitrate By Participating in Litigation
On September 6, 2017, Justice Bransten of the New York County Commercial division issued a decision … Read More
July 20, 2017 Class Action Waiver Violated National Labor Relations Act
On July 18, 2017, the First Department issued a decision in Gold v. New York Life Insurance Co., 201… Read More
July 18, 2017 Corporate Officers Can Enforce Arbitration Provision in Corporation's Contract
On July 12, 2017, the Second Department issued a decision in Degraw Construction Group, Inc. v. McGo… Read More
July 11, 2017 Partnership Agreement's Arbitration Provision Governs Later Agreement to Sell Partnership Assets
On June 27, 2017, the First Department issued a decision in Matter of Capital Enterprises Co. v. Dwo… Read More
July 7, 2017 Fraud Claims Subject to Broad Arbitration Clause
On June 27, 2017, the First Department issued a decision in New York Marine and General Insurance Co… Read More
June 30, 2017 Derivative Lawsuits Stayed In Favor of Related Suits in Federal Court
On June 7, 2017, Justice Singh of the New York County Commercial Division issued a decision in Reave… Read More
May 28, 2017 Under AAA Rules, Question of Arbitrability is for Arbitrator in First Instance
On May 23, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Po… Read More
May 2, 2017 Arbitration Provisions in Agreements Enforced Despite Claim That Agreements Were Invalid
On April 14, 2017, Justice Singh of the New York County Commercial Division issued a decision in Sou… Read More
March 16, 2017 Attorney Release in Agreement Insufficient to Bind Attorney to Agreement's Arbitration Clause
On March 2, 2017, the First Department issued a decision in Matter of Kramer Levin Naftalis & Franke… Read More
January 30, 2017 Error of Law by Arbitrator Insufficient Basis to Vacate Award
On January 24, 2017, the First Department issued a decision in Matter of Yarmak v. Penson Financial … Read More
January 17, 2017 Court Confirms Arbitration Award Despite Party's Misconduct
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
November 9, 2016 Arbitral Award Vacated for Failure to Disclose Witness's Criminal Plea Agreement
On October 21, 2016, Justice Ramos of the New York County Commercial Division issued a decision in P… Read More
November 6, 2016 Dispute Covered by Arbitration Agreement Subject to Arbitration Regardless of Relief Sought
On October 26, 2016, the Second Department issued a decision in Sutphin Retail One, LLC v. Sutphin A… Read More
October 25, 2016 Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator
On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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 … Read More
August 21, 2016 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 Moy… Read More
August 11, 2016 Non-Signatory Directly Benefiting from Agreement Bound by its Arbitration Provision
On August 11, 2016, the First Department issued a decision in BGC Notes, LLC v. Gordon, 2016 NY Slip… Read More
July 11, 2016 Collateral Estoppel Bars Plaintiff from Litigating Factual Issues Determined in Prior Arbitration
On June 30, 2016, the First Department issued a decision in Advanced Aerofoil Technologies AG v. Mis… Read More
July 7, 2016 Arbitral Award Must be Confirmed if Not Irrational
On June 29, 2016, the Second Department issued a decision in Structure Tek Construction, Inc. v. Wat… Read More
June 24, 2016 REMINDER: CLE Program: Mediation in the Federal Courts
On June 27, 2016, Schlam Stone & Dolan partner John Lundin will co-moderate a CLE program at the… Read More
June 24, 2016 New York County Expands Mediation Program to Commercial Cases in Parts Outside the Commercial Division
On May 24, 2016, First Judicial District Administrative Judge Moulton issued an administrative order… Read More
June 19, 2016 Arbitration Provision of Prompt Payment Act Trumps Contract's Dispute Resolution Clause
On June 9, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in Capit… Read More
June 5, 2016 Arbitration Clause Giving Arbitrators Power to Resolve Arbitrability Controls
On May 31, 2016, the First Department issued a decision in Skyline Steel, LLC v. PilePro LLC, 2016 N… Read More
May 17, 2016 Question of Arbitrability is Issue for Court, Not Arbitrator
On April 26, 2016, the First Department issued a decision in Garthon Bus. Inc. v. Stein, 2016 NY Sli… Read More
April 14, 2016 Contract Trumps Arbitration Provisions of General Business Law Article 35-E
On April 14, 2016, the Third Department issued a decision in Matter of Capital Siding & Construction… Read More
March 14, 2016 Movant Should Have Been Allowed Discovery on Whether Non-Parties Should be Compelled to Arbitrate
On March 8, 2016, the First Department issued a decision in Matter of Rural Media Group, Inc. v. Yra… Read More
February 4, 2016 CPLR 7511 Only Authorizes Correction of Computational Errors, Not Reversal of Substantive Rulings
On January 28, 2016, the First Department issued a decision in Madison Realty Capital, L.P. v. Scarb… Read More
January 6, 2016 Action Involving Claims "Inextricably Interwoven" with Issues in Arbitration Properly Enjoined
On December 29, 2015, the First Department issued a decision in Matter of Arbitration of Certain Con… Read More
December 21, 2015 Party Waived Right to Arbitrate By Litigating for Eleven Months With Substantial Motion Practice
On December 16, 2015, the Court of Appeals issued a decision in Cusimano v. Schnurr, 2015 NY Slip Op… Read More
December 14, 2015 First Department Refuses to Vacate Arbitral Award
On December 8, 2015, the First Department issued a decision in Matter of Abell v. JetBlue Airways Co… Read More
December 6, 2015 Arbitration Award Affirmed Because its Legal Analysis Was At Least Barely Colorable
On November 24, 2015, the First Department issued a decision in Matter of Esrey v. Ernst & Young, L.… Read More
November 30, 2015 Court Grants Attachment in Support of Collection of Foreign Judgment
On November 17, 2015, Justice DeStefano of the Nassau County Commercial division issued a decision i… Read More
November 27, 2015 Administrative Employee Not "Associated Person" Subject to FINRA Arbitration Requirements
On November 17, 2015, Justice Singh of the New York County Commercial Division issued a decision in … Read More
November 10, 2015 Court of Appeals Arguments of Interest for the Week of November 16, 2015
Upcoming oral arguments in the Court of Appeals the week of November 16, 2015, that may be of intere… Read More
October 13, 2015 Class Action Arbitration Waivers Signed After Litigation Begun Not Enforced
On October 8, 2015, the First Department issued a decision in Weinstein v. Jenny Craig Operations, I… Read More
September 4, 2015 Buyer Did Not Assume Seller's Obligation to Arbitrate Dispute With Seller's Broker
On September 1, 2015, the First Department issued a decision in Matter of TBA Global, LLC v. Fidus P… Read More
August 25, 2015 Contract's Arbitration Clause Enforced Despite Alleged Fraud Relating to Contract
On August 19, 2015, the Second Department issued a decision in Ferrarella v. Godt, 2015 NY Slip Op. … Read More
July 22, 2015 Whether an Arbitration is a Collateral Attack on an Earlier Award is Decision for the Court
On June 25, 2015, the First Department issued a decision in Oppenheimer & Co. Inc. v. Pitch, 2015 NY… Read More
July 21, 2015 Plaintiff Bound By Arbitration Clause in Contract to Which it Was Not A Party
On July 13, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 22, 2015 Arbitration Provision in Contract Allegedly Procured by Fraud Still Enforceable
On June 9, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Alkso… Read More
June 18, 2015 Where Arbitral Body Selected by Parties Leaves Arbitrability to Arbitrators, Court Cannot Review
On June 11, 2015, the First Department issued a decision in Matter of Field v. BDO USA, LLP, 2015 NY… Read More
June 12, 2015 Party Bound by Arbitration Clause in LLC Agreement in Suit Based on Related Employment Agreement
On June 2, 2015, the First Department issued a decision in Kellman v. Whyte, 2015 NY Slip Op. 04596,… Read More
May 16, 2015 Plaintiff Bound by Agreement to Arbitrate Even Though He did not Sign It
On April 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 3, 2015 No Summary Judgment Against Sureties Where There Were Questions of Fact Regarding Whether They Were Bound by Prior Proceeding
On April 21, 2015, the First Department issued a decision in Five Star Electric Corp. v. Federal Ins… Read More
April 20, 2015 Arbitrator Disqualified for Failing to Follow Court's Direction
On April 16, 2015, the First Department issued a decision in Matter of Grynberg v. BP Exploration Op… Read More
April 14, 2015 Arbitral Award Vacated for Failure to Enforce Settlement Agreement
On April 9, 2015, the First Department issued a decision in Matter of Citigroup Global Markets, Inc.… Read More
March 16, 2015 Reminder: Upcoming Panel on the Pilot Mandatory Mediation Program in the New York County Commercial Division
This is a reminder that on April 9, 2015, the Commercial Division Sub-Committee of the NYSBA Commerc… Read More
February 18, 2015 Non-Signatories Bound By Arbitration Provision in Contract That Was Signed By Their Agent And From Which They Received A Direct Benefit
On January 23, 2015, Justice Schmidt of the Kings County Commercial Division issued a decision in Oc… Read More
January 29, 2015 First Department Affirms Injunction Pending Arbitration Based, In Part, On Agreement Limiting Damages
On January 22, 2015, the First Department issued a decision in Matter of Rockwood Pigments NA, Inc. … Read More
December 18, 2014 Court May not Review Arbitrator's Interim Discovery Orders
On December 11, 2014, the First Department issued a decision in Kramer v. Geldwert, 2014 NY Slip Op.… Read More
December 2, 2014 Arbitration Provision in One Agreement Found to Apply to Second, Related Agreement
On November 25, 2014, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
November 22, 2014 Schlam Stone & Dolan Partner to be Panelist on ADR Ethics at NYSBA Meeting
On Thursday, January 29, 2015, Schlam Stone & Dolan LLP partner Erik S. Groothuis will be a panelist… Read More
November 19, 2014 Court Rejects Arbitral Award
On November 7, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in M… Read More
November 16, 2014 Court Enforces Agreement to Arbitrate
On October 29, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Re… Read More
September 22, 2014 Federal Arbitration Act Does Not Apply to California Insurance Law Requiring Arbitration Agreements to be Filed With State
On September 11, 2014, the First Department issued a decision in Matter of Monarch Consulting, Inc. … Read More
August 25, 2014 New York Choice of Law Clause Not Sufficient To Invoke New York Rule Against Punitive Damages Awards In Arbitration
On August 14, 2014, the First Department issued a decision in In re Flintlock Construction Services,… Read More
August 12, 2014 First Department Addresses Scope of Federal Arbitration Act
On August 7, 2014, the First Department issued a decision in Cusimano v. Schnurr, 2014 NY Slip Op. 0… Read More
August 3, 2014 Petition to Stay Mandatory Mediation Dismissed
On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Matte… Read More
July 31, 2014 Motion for Stay in Favor of Arbitration Denied When Complete Identity of Parties Lacking
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 10, 2014 Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division
The Office of Court Administration has asked for public comment on a proposed change to the Joint Ru… Read More
June 30, 2014 New York County Commercial Division Updates Rules, Includes Pilot Mandatory Mediation Program
The New York County Commercial Division has updated the Rules and Procedures of the Alternative Disp… Read More
June 5, 2014 UPDATE Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 3, 2014 Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
This guest post was written by Isaac B. Zaur¬†of Clarick¬†Gueron¬†Reisbaum LLP. Last week saw rapid-… Read More
April 11, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
April 5, 2014 Compliance with Notice and Cure Provision Condition Precedent to Bringing Suit
On March 28, 2014, the Fourth Department issued a decision in Accadia Site Contracting, Inc. v. Erie… Read More
March 19, 2014 Upcoming City Bar Panel on Mediation
On Thursday, May 8, 2014, from 6:00 PM ‚Äď 8:00 PM, the City Bar Association will host a panel on Pe… Read More
March 7, 2014 Standard for Pre-Award Attachment Under CPLR 7502(c) is that Award Must Otherwise Be "Rendered Ineffectual"
On March 6, 2014, the First Department issued a decision in Matter of Kadish v. First Midwest Securi… Read More
March 1, 2014 Settlement Term Sheet Enforceable Despite Statement That Formal Papers Would Be Executed
On February 27, 2014, the First Department issued a decision in Trolman¬†v. Trolman, Glaser & Li… Read More
February 28, 2014 Complaint Dismissed for Failure to Comply With Contract's Mandatory Mediation Provisions
On February 20, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
February 21, 2014 Unwritten Agreement to Arbitrate Enforceable, But Waived by Defendant's Assertion of Claims in Lawsuit
On February 19, 2014, the Second Department issued a decision in Willer¬†v. Kleinman, 2014 NY Slip O… Read More
February 9, 2014 Party Waives Right to Arbitrate by Litigating Same Issues
On February 5, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 3, 2014 Arbitration Clause in E-Mailed Terms and Conditions to Trading Account Agreement Not Sufficient to Bind Parties to Arbitration
On January 30, 2014, the First Department issued a decision in Basis Yield Alpha Fund (Master) v. Go… Read More
January 24, 2014 Arbitral Award Confirmed Because it Was Not Irrational
On January 23, 2014, the First Department issued a decision in Ingham v. Thompson, 2014 NY Slip Op. … Read More
January 1, 2014 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The rules of the Commercial Division change from time-to-time. Currently, there are four proposed ru… Read More
November 27, 2013 Arbitration Provisions in LLC Operating Agreements May Be Enforced by LLCs Even If LLCs Are Not Parties to the Agreements
On November 15, 2013, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
October 19, 2013 Third Party Not Bound by Arbitation Agreement of Which He Was Not a Direct Beneficiary
On October 17, 2013, the Court of Appeals issued a decision in Matter of Belzberg¬†v. Verus¬†Invs. H… Read More