Rosenbaum v. Festinger
Attorneys and Parties
Brief Summary
Family law and arbitration: whether post-judgment disputes between divorced parties, including matters previously litigated, may proceed in religious arbitration, and the effect of litigation conduct on the right to arbitrate.
The Supreme Court, Kings County stayed arbitration before a Rabbinical Court of claims determined by the divorce judgment.
The blanket stay of arbitration was modified to a partial stay limited to child support; arbitration on other issues may proceed.
The defendant waived the right to arbitrate child support by appealing the child support provisions of the divorce judgment—conduct inconsistent with arbitration—while the plaintiff, having participated in arbitration, is generally precluded from challenging the agreement’s validity under New York Civil Practice Law and Rules (CPLR) 7503(b) [precludes a party who has participated in arbitration from later challenging the validity of the agreement; governs applications to stay arbitration].
Background
The parties were divorced by judgment dated July 26, 2021, which directed the defendant to pay child support. The defendant appealed the child support ruling and lost. To facilitate a Get (Jewish divorce decree), the parties later signed a broad agreement to submit all disputes, including those previously litigated, to binding arbitration before a Rabbinical Court. Proceedings there mainly concerned the marital home; no child support claims were submitted. In March 2023, the plaintiff moved to hold the defendant in contempt for nonpayment of child support and to stay arbitration of claims determined by the divorce judgment, arguing the arbitration agreement was invalid.
Lower Court Decision
The Supreme Court, Kings County granted the plaintiff’s motion to stay arbitration of claims determined by the divorce judgment before the Rabbinical Court.
Appellate Division Reversal
Modified on the law: arbitration is stayed only as to child support claims; otherwise, the stay is denied. The court held the defendant waived arbitration on child support by appealing that issue, which is inconsistent with insisting on arbitration, and that once waived, the right cannot be regained. For other issues, the plaintiff’s participation in arbitration generally bars her from challenging the agreement’s validity under CPLR 7503(b).
Legal Significance
In New York family law, a party can waive the right to arbitrate a subject by affirmatively invoking the courts on that same subject; such waiver is irrevocable. Participation in arbitration typically precludes later challenges to the arbitration agreement under CPLR 7503(b). Religious arbitration agreements can be enforced post-judgment, but arbitration of child support was barred here due to waiver arising from the defendant’s appellate litigation conduct.
Appealing a court’s child support ruling waives any right to arbitrate child support, warranting a partial stay of arbitration limited to that issue; other disputes may proceed in arbitration when the parties agreed and have participated.