Category Archives: Compel Arbitration

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Employer Loses Bid to Compel Arbitration before FINRA Where Arbitration Agreement Exempts Class Action Claims: Menga v Clark Dodge & Co., Inc.

By Hillary A. Frommer on January 29th, 2013 Posted in Arbitration, Class Action, Compel Arbitration, Industry: financial services, Justice Bransten, Eileen, Labor Law, Motion to Dismiss, New York

In a November 29, 2012 decision by Justice Bransten, the court denied the defendants’ motion to dismiss the putative class action complaint brought by stockholder employees and which alleged that the defendants failed to pay overtime wages and earned monthly wages and commissions in violation of the New York Labor Law. The defendants first sought… Continue Reading

Arbitration Provision in Shareholders Agreement Applies to Parties’ Disputes Under Related Goods & Services Agreement: Russo v Time Moving & Stor., Inc.

By Matthew D. Donovan on December 20th, 2011 Posted in Arbitration, Breach of Contract, Compel Arbitration, CPLR 3211, Fraud, Justice Driscoll, Timothy, Motion to Dismiss, Nassau

In a November 30, 2011, decision by Justice Driscoll, the court denied defendants’ motion to dismiss and directed the parties to arbitration on all issues raised in plaintiffs’ complaint. Plaintiffs sued defendants alleging various breaches and fraudulent acts in connection with parties’ contractual relationship under a goods-and-services agreement and a shareholders agreement. The shareholders agreement contained a… Continue Reading

Derivative Claims Brought on Behalf of an LLC Cannot Be Intermingled with Individual Claims: Waxman Real Estate LLC v Sacks

By Matthew D. Donovan on September 20th, 2011 Posted in Breach of Contract, Breach of Fiduciary Duty, Compel Arbitration, CPLR 3016, CPLR 3211, CPLR 6301, CPLR 7503, Demand Futility Doctrine, Derivative Actions, Fraud, Industry: real estate, Justice Fried, Bernard J., Limited Liability Companies, LLCL 409, LLCL 414, Motion to Dismiss, New York, Unjust Enrichment

In a September 7, 2011, decision by Justice Fried, the court granted in part defendant-LLC members’ motion to dismiss and denied their motion to compel arbitration. The court also denied plaintiff-investors’ cross-motion for injunctive relief under CPLR 6301, as well as for an order under LLCL 414, removing the defendants from a real estate investment company. In… Continue Reading

Court Grants Preliminary Injunction and Declares the Enforceability of a Restrictive Covenant to be an Arbitrable Issue: National Arbitration and Medication, Inc. v Olsen

By Hillary A. Frommer on May 24th, 2011 Posted in Arbitration, Compel Arbitration, Industry: wholesale, Justice Driscoll, Timothy, Nassau, Order to Show Cause, Preliminary Injunction, Restrictive Covenant, TRO

In an April 5, 2011 decision by Justice Driscoll, the court granted the petitioner’s motion brought by order to show cause for a preliminary injunction, extended a TRO previously entered which enjoined the respondent from, inter alia, providing ADR services within 50 square miles of petitioner’s NY office, and ordered the parties to arbitrate the… Continue Reading

Court Denies Motion to Compel Arbitration Due to Lack of Condition Precedent: Red Hook Meat Corp. v Bogopa-Columbia, Inc.

By Hillary A. Frommer on March 29th, 2011 Posted in Compel Arbitration, Industry: real estate, Justice Demarest, Carolyn E., Kings, Waiver

In a March 15, 2011 decision by Justice Demarest, the court denied the plaintiff’s motion for an order compelling arbitration because the plaintiff failed to comply with a condition precedent. The plaintiff sought arbitration to determine whether the defendant unreasonably withheld consent to a sublease under the parties’ lease agreement. The court found that the… Continue Reading