Over strenuous opposition, Kelly Bronner prevailed on a hard-fought pre-answer motion to compel arbitration. Plaintiff brought a 60-page complaint against a nursing home alleging malpractice, statutory and death claims. However, in investigating the matter, BPN obtained the admission agreement which included a duly signed arbitration agreement. As a result, a motion to dismiss and compel arbitration was made prior to filing an answer. Plaintiff opposed and in doing so described the arbitration agreement as improper, unconscionable and unreliable. Kelly replied pointing out that the patient was informed of the consequences of the arbitration agreement and that New York law favors honoring arbitration agreements. The Court agreed with Kelly in a thorough 7-page order, which methodically rejected all of plaintiff’s arguments. As a result, the motion was granted to the extent that arbitration was compelled. BPN is pleased that it was able to help enforce our client’s rights with this favorable result.