Legal Opinion
Asesd, LLC v. Vanguard Construction & Development Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2010PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered July 9, 2009, which, inter alia, denied petitioner’s motion to compel respondent Vanguard to pay its half of certain fees required by the American Arbitration Association (AAA), unanimously affirmed, without costs.
As the AAA’s rules provide that the remedy for a party’s refusal to pay its share of arbitration fees is for the paying party to advance the nonpaying party’s share of the fees, that is petitioner’s recourse here. This Court cannot fashion another remedy (see Matter of Salvano v Merrill Lynch, Pierce, Fenner &…
2Cases cited4 opinions
- Salvano v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1995
- Brady v. Williams Capital Group, L.P.New York Court of Appeals · 2010
- Brady v. Williams Capital Group, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
- Coty Inc. v. Anchor Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by4 opinions
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- Whitestone Construction Co. v. Varied Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Whitestone Construction Co. v. Varied Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2014