Pryor Cashman client Rochelle Aytes, an actress who has appeared in several motion pictures and television series, commenced arbitration against her personal manager in which she challenged the validity of her personal management agreement. In an attempt to sidestep the arbitration, the personal manager initiated a “collection” action in Supreme Court, New York County, on the theory that the language of the personal management agreement required arbitration of all claims “other than proceedings for the collection of any past due monies.”

Pryor Cashman associate Jacob Radcliff, acting on behalf of Ms. Aytes, moved to stay the Supreme Court case pending resolution of the arbitration, arguing that a decision in arbitration voiding the personal management agreement would render the collection action moot and that duplicative proceedings were a waste of the parties’ and the Court’s resources. When the Supreme Court Justice disagreed and denied the motion to stay, Radcliff appealed to the Appellate Division, First Department.

On May 31, 2007, the Appellate Division agreed with Pryor Cashman’s arguments and reversed the Supreme Court, staying the proceedings and granting costs to Ms. Aytes.