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Gertner v. Manorhaven Partners

Employee Granted Motion for Employer to Submit to, Participate in Arbitration, Pay Fees

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 19, 39, 40, 41 were read on this motion to/for COMPEL ARBITRATION. The following e-filed documents, listed by NYSCEF document number (Motion 002) 22, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 42, 43, 44, 45, 46 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION   Upon the foregoing documents, and for the reasons set forth on the record (10/29/2020), Albert Gertner’s petition (Mtn. Seq. No. 001) to compel Manorahaven Partners, LLC (Manorhaven) to submit to arbitration pursuant to CPLR §7503(a) is granted to the extent set forth herein, and Manorhaven’s motion (Mtn. Seq. No. 002) to dismiss the petition pursuant to CPLR §3211(a)(7) is denied. I. The Facts Relevant to the Motions Reference is made to a certain Employment Agreement (the Agreement), dated August 5, 2015, by and between Manorhaven and Mr. Gertner, pursuant to which Manorhaven hired Mr. Gertner as the Managing Director of both Manorhaven and its affiliate, Manorhaven Capital, LLC (NYCEF Doc. No. 5, §3[a]). Section 13(g) of the Agreement provides that any controversy or claim arising out of or relating to the Agreement that cannot be resolved by good faith negotiations between the parties shall be settled by arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) (id., §13[g][b]). The Agreement also provides that the “Agreement to arbitrate may be specifically enforced by a court of competent jurisdiction under the applicable law of the state of New York pertaining to arbitrations” (id.). Mr. Gertner voluntarily resigned from his employment at Manorhaven on October 26, 2017 (Petition, 23). On June 4, 2018, Mr. Gertner filed a Demand for Arbitration and Statement of Claim with the AAA, alleging that Manorhaven improperly withheld in excess of $1.15 million in compensation to which he was entitled under the terms of the Agreement (id.,

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