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BRADY v. WILLIAMS CAPITAL

64 A.D.3d 127 (2009)

878 N.Y.S.2d 693

LORRAINE C. BRADY, Appellant, v. THE WILLIAMS CAPITAL GROUP, L.P., Respondent, et al., Respondent.

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

Decided April 30, 2009.

Attorney(s) appearing for the Case

Wechsler & Cohen, LLP, New York City (David B. Wechsler of counsel), for appellant.

Schiff & Hardin LLP, New York City (Marc L. Silverman of counsel), for The Williams Capital Group, L.P., respondent.

SWEENY, RENWICK and FREEDMAN, JJ., concur; SAXE, J.P., and McGUIRE, J., dissent in part in an opinion by McGUIRE, J.

OPINION OF THE COURT

RENWICK, J.

This dispute arises from an employment discrimination arbitration commenced by Lorraine C. Brady (Brady) against her former employer, The Williams Capital Group, L.P. (Williams) before the American Association Arbitration (AAA). The AAA cancelled the proceedings when Williams refused to pay the cost of arbitration pursuant to AAA rules. Such refusal was based on Williams's employee manual, which required the parties to equally...

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