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Stefansky v. Kaufman

Emails Confirming Attendance at Beth Din Did Not Constitute Agreement to Arbitrate

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ORDER Upon the foregoing papers, having heard oral argument¹, and due deliberation having been had, the within defendants’ motion is determined as follows. Background In this action, plaintiffs allege that defendants materially breached an agreement pursuant to which plaintiffs granted defendants certain limited and temporary access onto plaintiffs’ property located at 1541 51st Street Brooklyn, New York, to facilitate defendants’ work and construction on the building and premises owned and controlled by defendants at 1545 51st Street, Brooklyn, New York. The two properties are abutting. (See NYSCEF Doc No. 8, complaint 1.) It is further alleged by plaintiffs that in November 2022, defendants requested temporary access to plaintiffs’ property as described above, which was acceded to. Plaintiffs also agreed to the temporary removal of a fence on their property to facilitate defendants’ work. If the work exceeded two weeks, plaintiffs were to be compensated at a daily rate. Defendants were to be responsible for any damages to plaintiffs’ property. (See id.

13-20.) The work took longer than expected, claimed plaintiffs, and defendants owe plaintiffs the daily agreed-upon rate. Also it is contended by plaintiffs that defendants did not properly reinstall the fence and that defendants’ structure’s wall encroaches on plaintiffs’ property. Causes of action for breach of contract and unlawful trespass are asserted. Plaintiffs seek a permanent injunction and monetary damages. (See id.

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