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MATTER OF FINKELSTEIN v. FINKELSTEIN

650559/21. Appeal No. 15400. Case No. 2021-03519.

203 A.D.3d 402 (2022)

164 N.Y.S.3d 560

2022 NY Slip Op 01268

In the Matter of Nachum Dov Finkelstein et al., Respondents, v. Reuven Finkelstein et al., Appellants, et al., Respondents.

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

Decided March 1, 2022.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P.C., New York (Stuart A. Blander of counsel), for appellants.

Blank Rome LLP, New York (Gregory P. Cronin of counsel), and Blank Rome LLP, Chicago, IL (William J. Dorsey of the bar of the State of Illinois, admitted pro hac vice of counsel), for respondents.

Concur—Gische, J.P., Oing, Kennedy, Mendez, Shulman, JJ.

Petitioners' contention that respondent Reuven Finkelstein did not waive his right to appeal is unavailing. A waiver of a judicial forum must be "clear and unmistakable" (Conde v Yeshiva Univ., 16 A.D.3d 185, 186 [1st Dept 2005] [internal quotation marks omitted]). The arbitration agreement provides, "[i]n the event that after an award is made a dispute between the parties arises as to the interpretation of the award, ... the arbitrators...

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