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Lation v. Fetner Properties Inc.

Concierge's Claims Against Condominium Unit Owner Denied Arbitration; IIED Claim Stated

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OPINION AND ORDER

*1 This action arises out of Defendant Thomas Chiu’s alleged harassing and discriminatory conduct against Plaintiff Carl Lation, who works as a concierge in the Manhattan condominium in which Chiu is a resident-owner. (Dkt. No. 1 (“Compl.”).) Lation filed suit against Chiu; 1212 Fifth Avenue Condominium (“1212 Fifth Avenue”), the condo association; and Fetner Properties, Inc. (“Fetner”), the management company. But Chiu — the source of the problem — has thus far failed to appear or to answer the Complaint.The parties agree that the dispute between Lation and 1212 Fifth Avenue/Fetner should be resolved in arbitration, but they disagree about how to resolve Lation’s claims against Chiu. Lation moves for a default judgment against Chiu (see Dkt. No. 25), while 1212 Fifth Avenue and Fetner move to compel arbitration of all of Lation’s claims — including those against Chiu. For the reasons that follow, Lation’s motion for default judgment against Chiu is granted in part and denied in part, and Defendants’ motion to compel arbitration is granted with respect to 1212 Fifth Avenue and Fetner but denied with respect to Chiu.

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