Legal Opinion
SSM Realty Group, LLC v. 20 Sherman Associates, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012Published
1Opinion of the Court
The operating agreement states, “Any controversy or claim arising out of or relating to this Agreement shall be finally resolved by arbitration.” Contrary to plaintiffs claim, defendants did not waive the right to arbitrate by merely serving an answer and opposing plaintiffs motion (see e.g. Stark v Molod Spitz DeSantis & Stark, P.C., 9 NY3d 59, 67 [2007]; Braun Equip. Co. v Borelli Assoc., 220 AD2d 311 [1st Dept 1995]; Two Cent. Tower Food v Pelligrino, 212 AD2d 441, 442 [1st Dept 1995]).
Plaintiff does not contend that public policy precludes arbitration of whether it is the manager of the…
2Cases cited6 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Maross Construction, Inc. v. Central New York Regional Transportation AuthorityNew York Court of Appeals · 1985
- Stark v. Molod Spitz DeSantis & Stark, P.C.New York Court of Appeals · 2007
- Lynch v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2003
- Two Central Tower Food, Inc. v. PelligrinoAppellate Division of the Supreme Court of the State of New York · 1995
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