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KORANGY v. MALONE

6683N, 655211/16.

161 A.D.3d 645 (2018)

78 N.Y.S.3d 303

2018 NY Slip Op 03767

Amir Korangy, Appellant-Respondent, v. Georgia Malone et al., Respondents-Appellants, et al., Defendants.

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

Decided May 24, 2018.

The motion court correctly dismissed the breach of contract cause of action, as "[u]nder the plain language of the operating agreement" (Nader & Sons, LLC v Hazak Assoc. LLC, 149 A.D.3d 503, 505 [1st Dept 2017]), namely, paragraph 3.3.3, when the members are deadlocked on an issue, they are to submit to mediation, and the "decision of the mediator shall be final and binding." Taking the allegations in the complaint as true, plaintiff...

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