The parties unequivocally agreed, in writing, to submit their contract dispute to a person who had previously mediated for them, that each would be "bound by whatever decision [that mediator] makes," and that each "waive[d] any right to review or appeal from such decision." That decision was clearly intended to be the final determination of the dispute. Thus, the plain language of the parties' agreements precludes judicial review (see Brad H. v City of New York,
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MATTER OF TREBUCHET CAPITAL MGT., LP v. PRELUDE OPPORTUNITY FUND, LP
Index No. 655170/21. Appeal No. 15295. Case No. 2021-03568.
202 A.D.3d 560 (2022)
159 N.Y.S.3d 663
2022 NY Slip Op 00991
In the Matter of Trebuchet Capital Management, LP, et al., Appellants, v. Prelude Opportunity Fund, LP, et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 15, 2022.
Decided February 15, 2022.
Attorney(s) appearing for the Case
Joshua L. Seifert PLLC, New York ( Joshua L. Seifert and Jaime L. Berger of counsel), for respondents.
Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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