This month we discuss a decision in which the Court of Appeals provided some guidance on how courts should address a situation in which one party may not be able to afford the costs of arbitration, yet the governing arbitration agreement calls for cost-sharing. We also discuss two decisions involving school districts. In an action arising out of a child’s injury at school, the Court addressed whether application of the doctrine of assumption of risk should be restricted to the context of athletic and recreational activities, an issue over which departments of the Appellate Division have been divided. And in an action arising out of a child’s entitlement to special services, the Court addressed when a school district must pick up the costs of services for a child enrolled in a nonpublic school.

We note that last month, the Court accepted a question certified to it by the Delaware Supreme Court in Teachers’ Retirement System of Louisiana v. PricewaterhouseCoopers, LLP. The certification procedure allows the Court to accept questions pertaining to an unsettled area of New York law from the U.S. Supreme Court, a federal Circuit Court of Appeals, or the highest court of another state. Although the Court rule implementing the procedure became effective in 1986, Teachers’ Retirement System constitutes the first time that the Court has accepted a question from another state court.

Right to Arbitrate

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]