Breslin Brookhaven, LLC v Rose

Holding The Appellate Division modified the lower court’s order to grant the defendants’ motion to compel arbitration, finding that the arbitration clause was broad enough to cover the dispute and that the nonsignatory defendant was entitled to enforce it as an assignee. The court further held that the defendants did not waive their right to arbitrate by litigating a separate action.

The court’s words

the operating agreement's arbitration provision, which requires the parties to submit all disputes "arising out of or relating to matters set forth in this Agreement" to arbitration, is sufficiently broad to encompass the instant dispute

2026 NY Slip Op 05156, at the official text

AVR was entitled to enforce the agreement's arbitration provision

2026 NY Slip Op 05156, at the official text

the defendants have not waived their right to arbitrate the instant dispute by appearing in a separate action and litigating it on the merits

2026 NY Slip Op 05156, at the official text