HERRICK v. LYON


7 A.D.3d 571 (2004)

777 N.Y.S.2d 141

STEVEN L. HERRICK, Respondent, v. CHRISTINA LYON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 10, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the ground that the appellant did not receive notice of her right to elect to resolve a fee dispute by arbitration is granted, and the complaint is dismissed, with leave to replead upon compliance with 22 NYCRR 136.5 (a).

The defendant and her former husband were divorced by judgment of the...

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