JAMAL HYDE AS SUBROGEE OF TILLETHA HYDE, plf-ap, v. JEWISH HOME LIFECARE, def-res

3866N. JAMAL HYDE AS SUBROGEE OF TILLETHA HYDE, plf-ap, v. JEWISH HOME LIFECARE, def-res — Rodney R. Austin PLLC, Fresh Meadows (Rodney R. Austin of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (I. Elie Herman of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2016, which granted the branch of defendant's motion seeking to compel arbitration and to dismiss the action, unanimously reversed, on the law, without costs, the motion to compel and to dismiss denied, and the matter remanded for determination of the branch of defendant's motion seeking to change venue.

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3866N. JAMAL HYDE AS SUBROGEE OF TILLETHA HYDE, plf-ap, v. JEWISH HOME LIFECARE, def-res — Rodney R. Austin PLLC, Fresh Meadows (Rodney R. Austin of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (I. Elie Herman of counsel), for res — Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 27, 2016, which granted the branch of defendant’s motion seeking to compel arbitration and to dismiss the action, unanimously reversed, on the law, without costs, the motion to compel and to dismiss denied, and the matter remanded for determination of the branch of defendant’s motion seeking to change venue.

Plaintiff, on behalf of his grandmother, Tilletha Hyde, entered into an agreement to arbitrate disputes with defendant nursing home, when the grandmother was admitted there in 2015. The agreement specified arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). After the grandmother fell and broke her hip, plaintiff attempted to commence an arbitration by filing a demand for arbitration with the AAA. The AAA then sent email correspondence to the parties, notifying defendant of plaintiff’s demand and asking the parties to return the form to indicate their agreement to AAA administration of the dispute under the Consumer Arbitration Rules. After receiving no response from defendant by the deadline set in the first letter, the AAA sent a second letter notifying the parties that it was closing its file on the matter because the required submission had not been received from defendant, and inviting any questions.

JAMAL HYDE AS SUBROGEE OF TILLETHA HYDE, plf-ap, v. JEWISH HOME LIFECARE, def-res

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