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BRADY v. WILLIAMS CAPITAL

No. 36

14 N.Y.3d 459 (2010)

928 N.E.2d 383

902 N.Y.S.2d 1

In the Matter of LORRAINE C. BRADY, Respondent, v. THE WILLIAMS CAPITAL GROUP, L.P. Appellant, and AMERICAN ARBITRATION ASSOCIATION, INC., Respondent.

Court of Appeals of New York.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Schiff Hardin LLP, New York City ( Marc L. Silverman and M. Eleanor Ignacio of counsel), for appellant.

Law Offices of William H. Roth, New York City ( William H. Roth of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

At issue is whether petitioner met her burden of demonstrating that an arbitration agreement's provision for the equal sharing of arbitration fees and costs precluded petitioner from pursuing her statutory rights in the arbitral forum. Because neither lower court made a finding regarding petitioner's financial ability, we remit this matter to Supreme Court for a hearing to determine...

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