Beljakovic v Melohn Properties, Inc.
On April 17, 2008, in Beljakovic v Melohn Properties, Inc., 1:04-cv-02694-RJH-GWG (S.D.N.Y.) (Holwell, J.), Kucker Marino Winiarsky & Bittens, LLP won an important interim result for the defendant-employer. Kucker, Marino, Winiarsky, & Bittens succeeded on its motion for an order pursuant to 9 U.S.C. §3 which stays the action until after the Supreme Court of the United States renders its decision in a similar case, 14 Penn Plaza LLC v. Pyett, 129 S. Ct. 1456, 173 L. Ed. 2d 398 (April 1, 2009), for which certiorari was granted on February 19, 2008. Kucker Marino Winiarsky & Bittens argued that the Supreme Court, in Pyett, may reject Rogers and overturn the Second Circuit’s affirmance of the district court’s denial of a motion to compel arbitration that was rendered in circumstances similar to the circumstances in the instant action — in which the district court, based on Rogers, initially denied KMWB motion to compel arbitration. The district court agreed with KMWB that, if the Supreme Court reverses the Second Circuit in Pyett, the same result must be imposed in Beljakovic.