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MATTER OF DANIEL v. LEHMAN BROS. HOLDINGS INC.

656158/16, 6426N, 6425.

161 A.D.3d 419 (2018)

72 N.Y.S.3d 823

2018 NY Slip Op 03113

In the Matter of Cynthia Zamora Daniel et al., Respondents, v. Lehman Brothers Holdings Inc., Appellant. In the Matter of Goran Puljic et al., Respondents, v. Lehman Brothers Holdings Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 1, 2018.

The court erred in failing to enforce the arbitration provision contained in the Lehman Brothers CDO Associates 2004 L.P. Limited Partnership Agreement (LPA). By executing Interest Schedules that were "substantially in the form" of the Form Interest Schedule attached as Exhibit A to the LPA, petitioners are deemed to have executed the LPA, which we find is the "Agreement" referenced in the Interest Schedules. Having been validly executed by petitioners, the provisions of...

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