HOFFMAN v. AKT IN MOTION, INC.

Index No. 157935/19. Appeal No. 75. Case No. 2022-01037.

215 A.D.3d 554 (2023)

186 N.Y.S.3d 214

2023 NY Slip Op 02062

Ariel Hoffman, Respondent, v. AKT in Motion, Inc., Appellant.

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

Decided April 20, 2023.


Attorney(s) appearing for the Case

Law Office of Craig Dietsch, Brooklyn ( Craig Dietsch of counsel), for appellant.

Goddard Law PLLC, New York ( Anthony P. Consiglio of counsel), for respondent.

Concur—Oing, J.P., González, Shulman, Higgitt, JJ.


Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about September 23, 2021, which denied defendant's motion to compel arbitration and dismiss the complaint, unanimously affirmed, without costs.

Plaintiff's contention that CPLR 7515, which bars mandatory arbitration of discrimination claims, renders the arbitration provision unenforceable is unavailing, as that provision applies prospectively (see CPLR 7515[b][i]), and postdates the arbitration...

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