Opinion
2022-00943 Index 154332/19
02-10-2022
Alan Meckler, Plaintiff-Respondent, v. David Molner, Defendant-Appellant. Appeal No. 15285 No. 2021-02978
David Molner, appellant pro se. Kaiser Saurborn & Mair, P.C., New York (David N. Mair of counsel), for respondent.
David Molner, appellant pro se.
Kaiser Saurborn & Mair, P.C., New York (David N. Mair of counsel), for respondent.
Before: Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered July 26, 2021, which granted plaintiff's motion to reargue, and, upon reargument, modified its prior order to designate JAMS as the arbitral forum, unanimously affirmed, with costs.
The court properly granted plaintiff's motion to reargue and to designate JAMS as the forum for the parties' arbitration (see CPLR 2221[d]). The court had authority to designate an arbitral forum, since defendant, even after arguing on a prior motion that the parties were required to arbitrate their dispute, refused to submit the dispute to binding arbitration before any forum (see CPLR 7504; Zandman v Nissenbaum, 53 A.D.2d 837, 838 [1st Dept 1976]).
We have considered defendant's remaining arguments and find them unavailing.