Kramer v. Geldwert

Appellate Division of the Supreme Court of New York

Kramer v. Geldwert

123 A.D.3d 507, 996 N.Y.S.2d 530

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

DecidedDecember 11, 2014

Docket13760 602837/09

StatusPublished

This text of 123 A.D.3d 507 (Kramer v. Geldwert) 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.

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Kramer v. Geldwert, 123 A.D.3d 507, 996 N.Y.S.2d 530 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered December 12, 2013, which denied plaintiff’s motion for discovery in aid of arbitration and dismissed the matter, unanimously affirmed, without costs.

In exceptional circumstances, pre-hearing discovery pursuant to CPLR 3102 (c) may be ordered after the demand for arbitration has been made (see e.g. Matter of Moock v Emanuel, 99 AD2d 1003 [1st Dept 1984]). However, a court may not review the interim orders of an arbitrator (Mobil Oil Indonesia v Asamera Oil [Indonesia], 43 NY2d 276 [1977]). Thus, judicial review of procedural rulings made in this arbitration administered by the American Arbitration Association is barred (see Avon Prods. v Solow, 150 AD2d 236, 239 [1st Dept 1989]).

Concur — Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.

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Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered December 12, 2013, which denied plaintiff’s motion for discovery in aid of arbitration and dismissed the matter, unanimously affirmed, without costs.

In exceptional circumstances, pre-hearing discovery pursuant to CPLR 3102 (c) may be ordered after the demand for arbitration has been made (see e.g. Matter of Moock v Emanuel, 99 AD2d 1003 [1st Dept 1984]). However, a court may not review the interim orders of an arbitrator (Mobil Oil Indonesia v Asamera Oil [Indonesia], 43 NY2d 276 [1977]). Thus, judicial review of procedural rulings made in this arbitration administered by the American Arbitration Association is barred (see Avon Prods. v Solow, 150 AD2d 236, 239 [1st Dept 1989]).

Concur — Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.

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123 A.D.3d 507, 996 N.Y.S.2d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kramer-v-geldwert-nyappdiv-2014.

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