No Waiver From Urgent Forays to Ny Court
Dispute Resolution Journal › Vol. 62 Nbr. 4, November 2007
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Summary
The New York Court of Appeals ruled that a party does not waive the right to arbitrate by applying to the court for urgently needed relief. In Linda A. Stark v. Molod Spitz & DeSantis & Stark (No. 114, Oct 16, 2007), an employment termination dispute, Stark, a contract partner, filed a motion to show cause for extraordinary relief to allow her to continue to represent clients in pending cases. The court found it "notable" that all the firm's motions in the trial court were contemplated by a "so-ordered" stipulation, and thus grew out of Stark's request for emergency relief so she could represent her clients.
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Extract
No Waiver From Urgent Forays to Ny Court
The New York Court of Appeals ruled that a party does not waive the right to arbitrate by applying to the court for urgently needed relief.
In Linda...See the full content of this document
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