January 30, 2016
Malkin Holdings, Peter Malkin and Tony Malkin lose Empire State Building Arbitration Case Ruling
AMERICAN ARBITRATION ASSOCIATION
In the Matter of the Arbitration between:
VIOLET SHUKER SHASHA LIVING TRUST, JUDITH JACOBSON, ADLER FAMILY TRUST, EMPIRE STATE LIQUIDITY FUND LLC, EDELMAN FAMILY DECEDENT’S TRUST, 2006 GILBERT M. EDELMAN INTER VIVO TRUST, ROBERT A. MACHLEDER, MELVYN H. HALPER, PHYLLIS J. HALPER, WENDY S. TAMIS, ALAN D. GORDON, and MARY JANE FALES (“Claimants”), and PETER L. MALKIN, ANTHONY E. MALKIN, THOMAS N. KELTNER, JR., and MALKIN HOLDINGS, LLC (“Respondents”).
ORDER AND NOW, this 30th day of January 2016, upon consideration of the briefs, letter briefs, emails and other submissions regarding respondent on the counterclaim Richard Edelman’s objections to the American Arbitration Association’s jurisdiction in this arbitration and after canceling the oral argument that had been scheduled for January 15, 2016 at 2:30 PM, it is hereby ORDERED that Richard Edelman’s objections to the American Arbitration Association’s jurisdiction in this arbitration are hereby SUSTAINED. It is further ORDERED that all counterclaims in this arbitration against Richard Edelman are hereby DISMISSED WITHOUT PREJUDICE, for lack of arbitrability.
FOR THE PANEL: /s/ Charles F. Forer CHARLES F. FORER, Arbitrator Chairperson