MATTER OF FINKELMAN v. HAGSHAMA BROOKLYN 14 PARK SLOPE PLATINUM, LLC

655196/19. Appeal No. 12329. Case No. 2020-01261.

188 A.D.3d 455 (2020)

131 N.Y.S.3d 889

2020 NY Slip Op 06387

In the Matter of Perry Finkelman, Appellant, v. Hagshama Brooklyn 14 Park Slope Platinum, LLC, et al., Respondents.

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

Decided November 10, 2020.


Petitioner signed a joint venture agreement containing an arbitration clause in his representative capacity only but also signed a personal guarantee of performance, which was annexed as an exhibit to the joint venture agreement. While the "mere guarantee of performance does not constitute an assumption by the guarantor of the principal's agreement to submit to arbitration" (Matter of Calvin Klein Co. [Minnetonka, Inc.], 88 A.D.2d 503

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