Mew Equity v. Sutton Land Services
Alternative Dispute Resolution
Justice Jack Battaglia
Plaintiffs alleged eight claims against 13 defendants arising from an alleged fraud. Edward and Martin Wydra, and Brach and Roth were parties to an arbitration before the Beth Din Kollel, which yielded a decision by the rabbinical court. The first award was vacated and remanded for re-hearing on issues, including clarification of which disputes and juridical entities were subject to the court's determinations. The rabbinical court issued another decision, and plaintiffs sought dismissal of defendants' counterclaims, arguing they were barred by res judicata and collateral estoppel as the issues were addressed and resolved against Brach and Roth in the second award. The court noted plaintiffs and counterclaim defendants sufficiently showed the second award resolved in their favor all counterclaims, establishing prima facie their entitlement to their dismissal. Brach and Roth argued they did not have a full, fair opportunity to litigate before the rabbinical court. The court disagreed, finding Brach and Roth failed to establish prima facie they were not permitted a fair, full opportunity to litigate before the rabbinical court, noting their affirmations demonstrated they merely did not use the opportunities afforded them. Thus, dismissal of the counterclaims were granted.