Bryan v. Newman

Appellate Division of the Supreme Court of New York

Bryan v. Newman

237 A.D.2d 207, 655 N.Y.S.2d 930, 1997 N.Y. App. Div. LEXIS 2785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 25, 1997

StatusPublished

Cited by4 cases

This text of 237 A.D.2d 207 (Bryan v. Newman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryan v. Newman, 237 A.D.2d 207, 655 N.Y.S.2d 930, 1997 N.Y. App. Div. LEXIS 2785 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered January 10, 1996, which granted petitioners’ application to stay arbitration, unanimously affirmed, with costs.

By instrument entitled "Mutual Release From Management Contract”, dated February 9, 1995, the parties agreed "to terminate th[eir] management contract” and to "release each other from any and all responsibilities and liabilities under the * * * contract dated November 1, 1991.” This release and termination cancelled the underlying management contract that had contained an arbitration provision. By mutual assent, the designation of the arbitration forum for the resolution of disputes is no longer binding upon the parties (Matter of Schlaifer v Sedlow, 51 NY2d 181, 183; Matter of Minkin [Halperin], 304 NY 617). Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Edward Lehner, J.), entered January 10, 1996, which granted petitioners’ application to stay arbitration, unanimously affirmed, with costs.

By instrument entitled "Mutual Release From Management Contract”, dated February 9, 1995, the parties agreed "to terminate th[eir] management contract” and to "release each other from any and all responsibilities and liabilities under the * * * contract dated November 1, 1991.” This release and termination cancelled the underlying management contract that had contained an arbitration provision. By mutual assent, the designation of the arbitration forum for the resolution of disputes is no longer binding upon the parties (Matter of Schlaifer v Sedlow, 51 NY2d 181, 183; Matter of Minkin [Halperin], 304 NY 617). Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

237 A.D.2d 207, 655 N.Y.S.2d 930, 1997 N.Y. App. Div. LEXIS 2785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-newman-nyappdiv-1997.

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