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Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05405

The federal EFAA bars arbitration of a negligence claim with a logical nexus to a sexual assault

C.N. v Sigma Delta Tau Socy.

Read the official decision: 2026 NY Slip Op 05405

Holding The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) prevents the enforcement of predispute arbitration agreements in negligence actions that have a logical nexus to a sexual assault dispute, even if the defendant did not commit the assault. The court held that the EFAA applies broadly to claims that ‘relate to’ the underlying sexual assault, rendering the arbitration clause unenforceable.

Why it matters

Issue of first impression for the Appellate Division, Second Department regarding the scope of the EFAA.

Clarifies that the EFAA applies to third-party negligence claims that are logically connected to a sexual assault, not just direct claims against the perpetrator.

The court’s words

We hold that it can, under the circumstances presented here.

2026 NY Slip Op 05405, at the official text

The statutory language does not contain limiting language that would require a direct claim of sexual assault or sexual harassment against the alleged tortfeasor in order for the EFAA to apply.

2026 NY Slip Op 05405, at the official text

There is a clear logical nexus between the cause of action alleged in the complaint and the alleged sexual assault, which places this matter squarely within the ambit of the EFAA.

2026 NY Slip Op 05405, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05405
Area of lawArbitration · Civil Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05405
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id176

Same court and area in the last 180 days

Recommended citation

ESQ HQ, New York Law Watch, C.N. v Sigma Delta Tau Socy., 2026 NY Slip Op 05405 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05405/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Featured by Eric McAvey, November 14, 2026.

Published September 23, 2026. Updated November 14, 2026.