Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it

To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it

On September 18, 2024, the Second Department issued a decision in Citimortgage, Inc. v. Goldstein, 2024 NY Slip Op. 04453, holding that to be estopped from challenging service, a defendant must actively avoid it, not just fail to facilitate it . . . Continue reading To be Estopped from Challenging Service, Defendant Must Actively Avoid it, Not Just Fail to Facilitate it