Deshmukh v Kasowitz Benson Torres LLP

Holding The appellate court affirmed the order compelling arbitration, determining that a subsequent amended and restated partnership agreement containing an arbitration clause superseded a prior agreement that lacked such a clause. The court held that the subsequent agreement’s explicit language terminating and superseding prior agreements applied to disputes predating the new agreement, even where the employment relationship involved distinct periods.

The court’s words

When parties clearly express their intention that a subsequent agreement supersedes a prior one, the latter agreement controls

2026 NY Slip Op 06550, at the official text

sets forth the entire agreement of the parties hereto with respect to the subject matter hereof

2026 NY Slip Op 06550, at the official text

All prior and contemporaneous agreements with respect to the subject matter of this Agreement are hereby terminated and superseded by this Agreement

2026 NY Slip Op 06550, at the official text

We reject any meaningful distinction between Hyuncheol Hwang and Konstantynovska, where the employment relationships were continuous, and the situation here

2026 NY Slip Op 06550, at the official text