Ruiz v Revel Tr. Inc.

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Ruiz v Revel Tr. Inc. 2022 NY Slip Op 32977(U) September 1, 2022 Supreme Court, Kings County Docket Number: Index No. 527084/2019 Judge: Richard J. Montelione Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 527084/2019 FILED: KINGS COUNTY CLERK 09/06/2022 11:54 AM NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 09/06/2022 At !AS Part99 of the Supreme Court of the State of:New York, held in and for the County[of Kings~ at the· Courthouse lo~atedat 360.Adams Street, Brooklyn, Brooklyn, NY 11201, on the_:_day of·_ _ _ __ 2022. . !SEP O l 2022 SUPREMECOURT OF THE STATE OF NEW YORK COUNTY OF KINGS: PART 99 -------. -----------------------. ------· ---- .----- ·--- ··----· --· .- ·-X DECISION/ORDER JOHN RUIZ, Plaintiff, -against- REVEL TRANSIT INC.; B. WILHELM & CO., LLC, WILHELMS HOUSEWARES; SHOV WING WANG; and CONGREGATION KHAL TORAS CHAIM INC. d/b/a CONG VIZNITZ D'KHAL TORAS CHAIM d/b/a, YESHIVAS AHAV AS ISRAEL; and YESHIVATH VIZNITZ D'KI-IAL TORATH CHAIM INC., Indtix No.: 527084/2019 Mo,ion Date: 8/3/2022 Motion Cal. No.: Mo( Seq. 1&2 Defendants. _. _______ .·. . -- .-.· ·--. -.. -·---. -----------· ---- .------· ---------· ;x The following papers were read on this motion pursuant to CPLR 22l 9(a)i NYSCEF DOC.# Papers of Plaintiff:sNotice of Motion dated March 6, 202d, a) Striking the Sixth (waiver plaintiff:sright to atrial byjucy) and Ninth Affirmative Defenses{binding arbitration) alleged in Defendant, Revel Transit Inc's, Answer dated February 7, 2020; staying any arbitration demanded by Defendant, Revel Transit, Inc.,Atfomey Affinnation ofJeffrey B. Manca, Esq., affirmed on March 17, 2020; Exhibits A-J ........................... ,......'.............. , 17-28 ' .... ··········-·-········ ·····••· ...... [* 1] Defendant RevelTra.nsit; lnc.'s motion dated July 24,·2020: l}Granting Defen.qant's· Cross~Motion to CompelArbitrat.ion in its entirety; and 2) For such other reliefthis Honorable Court deemsj ust and necessary; Affidavit of Paul Sulwy, .duly swonfon July 22, 2020; Exhibits A-L: Attorney Affirmation in opposition to plaintiffs motk,q and ·support of defendant Reye:! Transit, Inc.' s cross•motion, affirmed on July 24, 20:20: :Exhibits .A~H·.......... ,.. ,........., ......... ,,...... ,.................................., ....... ,. ,...................., . l., ..........•... 30-$2 befe11dants Congregation Khat Tora,s Chaim Inc. D/B/A Cong Viznitz D'khal l)oras Chi:.imI)iB/AYeshivas Ahavf!.slsrael; .a.nd YeshivathViznit.z D'khai Torath Chaim Inc/ s opposition to defertdarif s crass..motion by way of attorney affinnati•li of:Steven F. Granville, Esq., affirmed oil August 24, 2020, in,;,, ............ ;............................ ,.. ,.l ... ;.,, ....... 66 -, ..•..... , ......................... ----- 1 of 4 ·························---------- ········-··-············---······..··········-·······-·· ······-···· ................•.... , ............... -- INDEX NO. 527084/2019 FILED: KINGS COUNTY CLERK 09/06/2022 11:54 AM NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 09/06/2022 Ruiz v Revel Transit, Inc.; et. al.,Index No.527084/2019 MONTELIONE, RICHARD J., J. This action was commented by filing a summons and complaint on December 11, 2019, which .alleges personal.injuries as a result of a motor vehickaccident on Septem9er 27,2019,involVing a moped rented from defendant Revel Transit, Inc. Plaintiff moves to stri~ethe sixth and ninth affirmative defenses asserting respectively waiver of a jury trial and binding arbitration under its rentaLagreement. DefendantRevel Transit, Inc. cross-moves to co111pel arbitration and stay the proceedirtgspending confirmation ofa:n arbiter's award. Defendants Congregation Khal Toras Chaim Inc. D/B/A Cong Viznitz D'khal Toras Chaim D/B/A Yeshivas Ah~vasJsrael and Yeshivath Viznitz D'khal Torath Chaim Inc. assert that to direct arbitratio& would be the equivalent of severance :which they oppose. · 1 The court finds. ho issue of factthatthe terms of the rental agreement of th~ moped included an arbitration clause; The allegations that the moped was not properly 111.aintciined is directly related liability and causationregarding this. accident. See' Weiss v. iNath,. 97 A.D.3d 661, to the issue. of . . . . . . . ·. . . . . ·• d. 663,949 N.Y.S.2d 81, 84, 2012N.Y. Slip Op, 05513, 2012 WL2816700 ~AD2n Dept 2012): '' '[W]here arbitrable and nonarbitrable claims are inextricll.bly interwoven, the proper course isto stay judicial proceeding~ · pending completion of the arbitration, particularly where th~ determination of issues in arbitration may well dispose of ! nonarbitrable matters'" (Anderson St. Realty Corp. v. New ! Rochelle Revitalization, LLC, 78 A.D.3d 972, 97S, 913 N. Y.S.2d 114, quoting 4-24 N.Y. Practice Guide: Business andCominercial § 24.09[4] ). However, courts have the power to sever arbittab1e causes of action from nonarbitrable causes of action where judicial economy :would not be served by their consolidation, and where there is no danger of inconsistent rulings by the arbitrator aµd the court, or where there is no potential that the determination of the arbitrable causes of action would dispose of or significantly limit the issues involved in the nonarbitrablecauses of action : (seeAmericanlntl. Group, Inc. v. Greenberg, 60A.D.3d483, 484, 875 N.Y.S.2d39;Matter of City ofSchenectady [Schenectddy Patrolmen's Benevolent Assn.], 138 A.D.2d 882, 526 N.Y.S.2d 259). ' ' That <::ourt notes tpat all the deci~ions provided by defendant. Reve~ Transi~, Inc. in support of a ·stay .involve two parties to the.· arbitration agreement and do riot involve,· a& present in this action; multiple defeµdarits, 1 Here, Revel transit, Inc. cross claims . againstCO'-d~fendants arid. <::ertairi . . of ' i 1 Decision and Order of Judge Frank P. Nervo in the Gina Verge I v. RevelTransitlntorpbrated case; New York County Supreme Court, Index No;· 1s0020/2021, entered on May 11, 2021; Decision and !Order of J~dge Paul A. Goetz in the. Erick Das Chagas v. Revel Transit Incorporated case; New York County Supreme Court; Index N 6. 150197/2021,entered onJime·16; 202l;·Decision and Order of Judge Frank P. Nervo in t),eJessica Long v. Revel Transit Incorporated i;:ase, New YorkCounty Siipr¢nie Court, Index No. 150413/2021, e1tered .on June Hi; 2021; .2 of4 4 ··-·········-···· ........... ·····-'-----[* 2] ................... ·········-····· ...... ·····-·············-·····-············· -·················-·--··········· ....... ···························-·-········ 2............of·····-·····-·····-·---····· INDEX NO. 527084/2019 FILED: KINGS COUNTY CLERK 09/06/2022 11:54 AM NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 09/06/2022 Ruiz v Revel Transit, Inc., et. al., Index No, 527084/2019 the co-defendants cross claim against Revel Transit; Inc, The complaint alf eges negligenGe by Revel Transit, Irie. in maintaining the moped and Revel Transit, Inc. cross-plaims against other co-defendants alleging their negligence who likewise cross-claim against~evel Transit, Inc. Unlike the multiparty defendantsinNeesemann vMt. Sinai W, 198 AD3d ~84, 486, 156 NYS3d 161, 162-63, 2021 NY Slip Op 05633, 2021 WL 4 778362 [1st Dept 2021] :where the court allowed the continuation of the proceedings; .even though two parties agree!d to arbitration, because the causes of action involving the parties not subjectto arbitration iwere not factually intertwined; here the issue ofmaintenance of the moped is directly related to the vehicular accident a:ndithe negligence of the other co-defendants. If the causes·of ac~ion involving the defendants were not intertwined, the ,court would be mandated to severe tht parties riot subject to arbitration from the action. See Weiss v. Nath, 97 A.D3d 661,663. ' Defendant Revel Transit, Inc. is entitled to compel arbitration even when t~ereis a multi-party action involving .other defendants . .See Neqemann v Aft. Sinai W., 198 AD3d 484,486: ! Finally, plaintiff failed to show that she will be prejudiced b>1 havingto litigate the claims in different fora at the risk of , conflicting verdicts. 'The mere fact that plaintiffs named ad~itional defendants, who are not signatories to the arbitration agreement, does not foreclose [a defendanfs] right to enforce arbitratio~' (Minogue y. Malhan, 178 A.D.3d 447,448, 114 N.Y.S.3d 612. [1st Dept. ·2019]). The court properly exercised its discretion in finding that numefous_co-defendants had treated decedenfat separa~e a11d distinct times and those claims were not so intertwined wi~ her claims against Kindred as to result in prejudice a:nd/ortowap-ant · · · a stay of all proceedings (id}. Based on the foregoing; it is ORDERED that plaintiff's motion to strike the sixth (waiver of plaintiff's dght to a trial by jury) and ninth affirmative defenses (binding arbitration) and to stay arbitration is DENIED; ·and it is further · · · · ' ORDERED that defendant Revel Transit, Inc. 's cross-motion to Compel Arbitration is GRANTED and plaintiff and defendant Revel Transit, Inc. are fo file the necessary paperwork to Decision and Order ofJudge W. Fraric- Perry in the Matter of the Application of Lezer Weiss v. Revel Transit Incorporated ac:Hori, New York County Supreme Court; Index No. 651018/2021, entered•n July 9, 2021 i Decision and Ord~r of The flonorable Frank Nervo in the Enielie M.oeslein v. Reve I Transit Inc., c~se, New 'vork County Supreme Courl1 Index No. 450744/2021, dated May 26; 2022; Troy Harrison v. Revel Tr~nsit Inc., case, Kings County Supreine Court, Index No. 51.9046/2020; dated February 1; 2022; Berijarri in Weis~man v. Revel Transit Inc.; cas~. New York· County Supreme Court; Index No; 152136/2021,. dated. February 25, 2022; and A fadikwei Reyes v. Revel Transit Inc., case, Kings County Supreme Court, Index No. Sl S810/2020, dated M~rch 3:0, 2022. 3of4 [* 3] 3 of 4 ....... .- ...... _. ...... ___ INDEX NO. 527084/2019 FILED: KINGS COUNTY CLERK 09/06/2022 11:54 AM NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 09/06/2022 Ruiz v Revel Transit, Inc., et. aL, Index No. 52 7084/20 19 commence arbitration proceedings within 30 days of entry ofthis order or failing to do so shall result in its waiver of arbitration; and it is further · ; ORDERED that this matter is STAYED pending a determination bythis court of an application seeking to cortfirtn or set aside the award of the assigned arbitrator; and itif further • • I • ORDERED that arty party may move the court· to lift the stay in the event tjf arty. delay in seeking · a determination through arbitration and/or confirmation or to set aside the. decision of the assigned arbitrator; and it is further ' ORDERED that all other requests for reliefare DENIED. This.constitutes the decision ·and order ofthe Court. 0~--·. . ~_-1; : ; ·. . . . ·· . . : ' ', ·.·. , ' ' Hon. Richard J. Montelione 4of4 [* 4] "' ' ___________ ____ ...... ,.,.. ,..., .. _.. _____ ...4 of 4 _. _..... __ __... ...................... , ............................... , ........ , ,

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