GILAT v. SUTTON

Index No. 651038/22. Appeal No. 883. Case No. 2023-01919.

220 A.D.3d 569 (2023)

198 N.Y.S.3d 318

2023 NY Slip Op 05363

Sarah Gilat et al., Appellants, v. Jacob Sutton et al., Respondents.

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

Decided October 24, 2023.


Attorney(s) appearing for the Case

Montgomery McCracken Walker & Rhoads LLP, New York ( Timothy J. Pastore of counsel), for appellants.

Meister Seelig & Fein PLLC, New York ( Stephen B. Meister of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Rodriguez, Pitt-Burke, Higgitt, Rosado, JJ.


Order, Supreme Court, New York County (Joel M. Cohen, J.), entered October 18, 2022, which, insofar as appealed from, granted defendants' motion to compel plaintiff Rosh, Inc. to arbitrate its claims, unanimously reversed, on the law, without costs, the motion to compel arbitration of Rosh's claims denied, and its claims severed and continued in this action.

The court should have denied the motion to compel arbitration of Rosh's claims because Rosh is a nonsignatory...

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