Arbitration clauses.

Practice point: Defendants did not waive the right to arbitrate by merely serving 
an answer and opposing plaintiff's motion.

Student note: The issue of whether an anti-dissolution provision in an LLC's operating agreement violates public policy does not fall into any of the categories of matters that cannot be arbitrated.

Case: SSM Realty Group, LLC v. 20 Sherman Assoc., LLC, NY Slip Op 08408 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Motion for judgment as a matter of law.