Judith J. Gische

Justice Gische acts with unfounded arrogance. Her Honor insisted during oral argument that I could not enforce the delegation clause in an arbitration agreement, because I was claiming a right to rescind the arbitration agreement containing that delegation clause. However, a delegation clause is severable from the arbitration agreement containing it (Rent-a-Center, West v. Jackson, US SC) and one of the main consequences of severability is that a party can rescind one portion of a contract whilst enforcing the severed portion. If the First Department, Justice Gische included, took the time to write properly reasoned opinions, they would likely see the flaws in their own reasoning more often and make fewer obvious errors.