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APOLLO MGT., INC. v. CERNICH

Index No. 653234/20. Appeal No. 15294. Case No. 2021-02315.

202 A.D.3d 527 (2022)

163 N.Y.S.3d 503

2022 NY Slip Op 00964

Apollo Management, Inc. et al., Respondents, v. Stephen Cernich et al., Appellants.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Arkin Solbakken LLP, New York ( Lisa C. Solbakken of counsel), for appellants.

Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York ( John P. Sefick of counsel), for respondents.

Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

Supreme Court erred in finding, as a matter of law, that the word "affiliates" in the release entered into between plaintiffs and Siddiqui could not be read to include defendants Cernich and Huan Tseng (see Wachter v Kim, 82 A.D.3d 658, 662-663 [1st Dept 2011]). The word "affiliates" may apply to individuals, and is "not commonly understood to apply only to entities" (id. at 662). Furthermore, the arbitrator's conclusion,...

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