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MELOHN v. MELOHN

Index No. 301969/17. Appeal No. 15190. Case No. 2021-02898.

202 A.D.3d 410 (2022)

158 N.Y.S.3d 566

2022 NY Slip Op 00630

Elizabeth Melohn, Respondent, v. Alfons Melohn, Appellant.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Cohen Clair Lans Greifer Thorpe & Rottenstreich LLP, New York ( Robert Stephan Cohen of counsel), for appellant.

Chemtob Moss Forman & Beyda, LLP, New York ( Joshua Todd Forman of counsel), for respondent.

Concur—Kern, J.P., Singh, Scarpulla, Rodriguez, JJ.

The trial court correctly found that the material terms in the arbitration agreement were not reasonably certain and thus that the agreement was unenforceable (Cobble Hill Nursing Home v Henry & Warren Corp., 74 N.Y.2d 475, 482 [1989], cert denied 498 U.S. 816 [1990]). Specifically, the arbitration agreement referenced agreed-upon "essential terms" contained in an attachment that it is undisputed was never attached to...

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