STI PREPAID LLC v. PESCE

5293N, 602032/09.

85 A.D.3d 461 (2011)

924 N.Y.S.2d 390

2011 NY Slip Op 4763

STI PREPAID LLC, Respondent, v. JAMES PESCE, Appellant.

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

Decided June 7, 2011.


The mandatory arbitration provision that respondent seeks to enforce is contained in an employment agreement between respondent and his former employer CVTel Licensing Corporation, to which petitioner is not a signatory. The record reveals that when CVTel entered into an asset purchase agreement with petitioner, it never assigned to petitioner its rights under the employment agreement.

Petitioner did not directly benefit...

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