New York Court of Appeals

In the Matter of Lorraine C. Brady, Respondent v. the Williams Capital Group, L.P., Appellant, and American…

March 25, 201014 N.Y.3d 459

Summary

The Court establishes a case‑by‑case standard for assessing a litigant’s financial ability to pay arbitration fees, requiring consideration of ability to pay, cost differential, and deterrence, and remands for a hearing on the petitioner’s financial ability while modifying the Appellate Division’s order.