MATTER OF KRAMER LEVIN NAFTALIS & FRANKEL LLP v. CORNELL

3323N, 653381/16.

148 A.D.3d 430 (2017)

2017 NY Slip Op 01643

48 N.Y.S.3d 658

In the Matter of KRAMER LEVIN NAFTALIS & FRANKEL LLP et al., Respondents, v. MICHAEL C. CORNELL et al., Appellants.

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

Decided March 2, 2017.


Respondents failed to demonstrate that the parties agreed to arbitrate the subject dispute (see Matter of Cammarata v InfoExchange, Inc., 122 A.D.3d 459, 460 [1st Dept 2014]). The potential future benefit, if any, flowing to petitioners from the attorney release in the separation agreement containing the arbitration clause is "too attenuated ... to justify ... an exception to the usual rule that nonsignatories cannot be compelled...

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