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ADAGO v. SY

Index No. 651241/21. Appeal No. 16029. Case No. 2021-04745.

205 A.D.3d 602 (2022)

169 N.Y.S.3d 610

2022 NY Slip Op 03435

Roberto Adago, Appellant, v. Abdou Rahmane Sy et al., Respondents.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Robert Schacht, P.C., Nyack ( Robert Schacht of counsel), and Bernadette Panzella, P.C., New York ( Bernadette Panzella of counsel), for appellant.

Edward J. Cuccia, P.C., New York ( Edward J. Cuccia of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Pitt, JJ.

Plaintiff cannot be compelled to arbitrate his individual claims against Sy for fraud, conversion, and breach of a 2021 settlement agreement, as he established that neither he nor Sy were individual signatories to the MOU, which was the instrument that contained the arbitration clause (see JMT Bros. Realty, LLC v First Realty Bldrs., Inc., 51 A.D.3d 453, 455 [1st Dept 2008]). Further,...

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