In overturning a lawsuit’s dismissal, a state appeals court said Thursday that it was “readily apparent” a judge had tossed out the suit based on a mediator documenting “egregious” behavior by the plaintiff’s nonparty representative, but that the “plaintiff was never apprised of any ADR rule” she’d purportedly broken.

Moreover, said the Appellate Division, First Department court while reinstating the contract-based suit centered on allegedly unpaid artwork commissions, the plaintiff was never “given any opportunity to refute or otherwise respond to the allegations in the mediator’s email.”