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ASESD, LLC v. VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC.

3754, 601437/09.

79 A.D.3d 418 (2010)

910 N.Y.S.2d 907

ASESD, LLC, Appellant, v. VANGUARD CONSTRUCTION AND DEVELOPMENT COMPANY, INC., Respondent, et al., Respondent.

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

Decided December 2, 2010.

As the AAA's rules provide that the remedy for a party's refusal to pay its share of arbitration fees is for the paying party to advance the nonpaying party's share of the fees, that is petitioner's recourse here. This Court cannot fashion another remedy (see Matter of Salvano v Merrill Lynch, Pierce, Fenner & Smith, 85 N.Y.2d 173 [1995]). Nor was this a case where the AAA's rules violated public policy or due process (...

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