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CENTENNIAL ELEVATOR INDUSTRIES, INC. v. JRM CONSTRUCTION MANAGEMENT, LLC

Index No. 652810/20. Appeal No. 17066. Case No. 2022-01092.

212 A.D.3d 457 (2023)

179 N.Y.S.3d 586

2023 NY Slip Op 00152

Centennial Elevator Industries, Inc., Appellant, v. JRM Construction Management, LLC, Respondent.

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

Decided January 12, 2023.

Attorney(s) appearing for the Case

The Lambos Firm, LLP, Tarrytown (Carol N. Lambos of counsel), for appellant.

Clark Guldin, New York (Janesa Urbano of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Singh, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered August 19, 2021, which, to the extent appealed from, granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

The court correctly dismissed the complaint based on the mediation provision in the parties' master subcontractor agreement (MSA) as incorporated by reference into the purchase order. The mediation provision was enforceable against plaintiff even though plaintiff...

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