August 12, 2011

Arbitrations.

Practice point: Prior arbitration awards may be given effect in a subsequent judicial action, pursuant to CPLR 3211[a][5].

Student note:  Because mutuality of parties is not required, a defendant may preclude a plaintiff from relitigating an issue resolved against that plaintiff in an earlier arbitration with a different defendant.

Case: Bernard v. Proskauer Rose, LLP, NY Slip Op 06184 (1st Dept. 2011).


Monday's issue: Contracts.