Rosenblatt v. Rosenblatt

Summary

The New York Supreme Court, Appellate Division, First Department reversed an order enforcing a matrimonial settlement and directing payment in Swiss francs, appointing a receiver to sell the parties’ apartment, and awarding attorney fees. The court held that the settlement agreement required mediation and stayed further proceedings pending completion of mediation.

Holdings

1. Because the matrimonial settlement agreement contained an unambiguous mediation clause requiring the parties to resolve their disputes through mediation, the Supreme Court should have directed the parties to attend mediation and held further proceedings in abeyance pending its completion.
2. The receiver appointment and attorney-fee award were vacated without prejudice, and all proceedings on the motion were stayed pending conclusion of mediation.

Questions Presented

1. Whether the parties' matrimonial settlement agreement required mediation before the court could proceed with disputes concerning enforcement.
2. Whether the Supreme Court properly proceeded on plaintiff's enforcement motion and granted receiver and attorney-fee relief despite the agreement's mediation clause and the parties' factual disputes.

Disposition

reversed_and_remanded