Old Oak Realty v. Polimeni (232 A.D. 2d 536)- denial of motion for
partial summary judgment dismissing broker's claims to a brokerage commission reversed; there is a notation precluding broker's claim for balance of commission due where broker's president accepted the tender of a check and note for less than the full brokerage fee and endorsed the note as «paid in full».
The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to
dismiss, motion to strike, motion for
judgment on the pleadings, motion for complete or
partial summary judgment, motion for
summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
Pursuant to Smiechowski v. Preece, 2015 ABCA 105 (CanLII), a Master in Chambers grants
partial summary judgment;
dismisses the landlord's claim for unpaid rent.