MATTER OF KALLAS v. MILBERG WEISS LLP


61 A.D.3d 451 (2009)

876 N.Y.S.2d 389

In the Matter of EDITH M. KALLAS et al., Appellants, et al., Petitioner, v. MILBERG WEISS LLP, Formerly Known as MILBERG WEISS, Respondent. In the Matter of DAVID J. BERSHAD, Respondent, v. EDITH M. KALLAS et al., Appellants, et al., Respondent. In the Matter of STEVEN G. SCHULMAN, Respondent, v. EDITH M. KALLAS et al., Appellants, et al., Respondent. In the Matter of MILBERG LLP et al., Respondents, v. EDITH M. KALLAS et al., Appellants, et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2009.


The Milberg law firm and some of its former partners are engaged in a dispute concerning, in part, appellants' entitlement to a share in the counsel fees awarded by a federal court in connection with certain litigation. Appellants and the firm have demanded arbitration under Milberg's partnership agreement, but the court declined appellants' petition to consolidate the proceedings. It is well settled that "there is judicial power to order consolidation of arbitration proceedings...

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