EHRLICH v. GIMINEZ

3585N, 162389/15.

148 A.D.3d 657 (2017)

2017 NY Slip Op 02521

49 N.Y.S.3d 303

DAN EHRLICH, Appellant, v. HENRY GIMINEZ et al., Respondents.

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

Decided March 30, 2017.


Petitioner notes that the limited liability company (LLC) to which the parties belong, Powerhouse Beverage Company LLC, has an LLC agreement dated January 28, 2014, which contains no agreement to arbitrate, and which states, at section 14.7, that it supersedes all prior agreements between the parties. Respondents, however, note the existence of a December 10, 2012 LLC agreement, apparently executed four days after the formation of the LLC, which contains a mandatory arbitration...

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