Justice Francois Rivera
Marjam Supply moved to dismiss Oborski's complaint, or alternatively to stay the motion, and compel resolution of the claims through arbitration. Oborski sued for damages arising from Marjam's alleged violation of Labor Law Article 19 §650 for failing to pay overtime wages. Initially, the court noted the instant motion contained numerous defects that violated the CPLR and the NYCRR. Yet, it stated such irregularities may be disregarded if a substantial right of a party was not prejudiced, finding as Oborski failed to object to the defects, and opposed the motion on its merits, the court chose to disregard the "panoply of errors." Further, the court noted the arbitration provision was contained in an undated employment agreement, and did not resolve all factual issues or conclusively dispose of Oborski's claim. As such, the court could not determine with this document alone if it pertained specifically to the alleged time period, ruling the document was insufficient to warrant dismissal. Oborski argued the costs of arbitration were prohibitively expensive and he was estopped from vindicating his rights, submitting an affidavit of financial hardship. The court stayed Marjam's petition to compel arbitration pending a hearing on whether Oborski's financial situation foreclosed his rights in an arbitration forum.
