February
2021
Attorneys Kevin Riexinger and Mark Shifton Prevail on Motion to Compel Arbitration
In a personal injury action against a well-known indoor rock climbing facility in the Supreme Court of New York, Kings County (Brooklyn), GL Attorneys Kevin Riexinger and Mark Shifton recently prevailed on a motion to compel arbitration.
The claim arose out of an alleged fall from a rock climbing wall at GL’s client’s facility. Prior to using the facility, plaintiff signed an exculpatory agreement waiving any claims of negligence and also agreeing to submit any claims of personal injuries to binding arbitration. After the alleged injury, plaintiff made no efforts to pursue arbitration, but rather immediately filed a Complaint in the Supreme Court of New York, County of Kings. Rather than file an answer to the Complaint and submit to years of discovery, Kevin and Mark filed a motion to compel arbitration. Plaintiff argued that the exculpatory provision that sat alongside the arbitration provision was unenforceable, thereby rendering the entire agreement void. Rejecting that argument, the Court severed and enforced the arbitration provision, staying the litigation entirely.
A copy of the order may be obtained here.