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Jamie Gewurz and Dylan Braverman Extinguish Malpractice Claim and Enforce Admission Agreement

By September 22, 2023No Comments

Jamie Gewurz and Dylan Braverman moved to enforce an admission agreement and compel arbitration in an action brought against their client, a Nassau County Nursing Home. They argued for the enforcement of a validly executed opt-in to binding arbitration agreement. On admission, the Nursing Home resident and the Nursing Home’s  designated representative entered into a valid arbitration agreement. Our team argued that the arbitration agreement was validly entered into, the subject of the action brought against their client fell within the purview of said arbitration agreement, and therefore this action should be arbitrated rather than litigated.  The Court agreed that there had been no waiver of the agreement to arbitrate, the arbitration agreement was not in violation of public policy, and therefore the arbitration agreement was enforceable.