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News » Report: Suit against Curry will go to arbitrator 2009-05-29

Report: Suit against Curry will go to arbitrator 2009-05-29

Report: Suit against Curry will go to arbitrator 2009-05-29
NEW YORK (AP) - A lawsuit against Eddy Curry that accuses the New York Knicks center of sexual harassment, among other claims, was dismissed by a judge who ruled the case will be settled in arbitration rather than by a jury.


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Curry's former driver, David Kuchinsky, sued the NBA player in January, accusing him of making lewd and suggestive remarks, brandishing a gun and failing to pay $91,000 in wages and expenses. Curry denies the charges and his attorneys argued the case does not belong in court because of a contract agreement between the two parties that mandates arbitration.

The New York Times reported in Friday editions that a ruling was handed down Thursday by U.S. District Judge Denise Cote that denies a motion from Curry's attorneys to dismiss certain allegations and will send the entire complaint to an arbitrator.

"We're absolutely thrilled at the outcome," said Mercedes Colwin, one of Curry's lawyers. "It's clear that the employment contract and the provisions therein concerning arbitration clauses were upheld as valid. And thus the plaintiff cannot seek to have his claims heard in a court of law before a jury."

Kuchinsky's lawyers tried to get the arbitration provision nullified. Once a decision is made by an arbitrator there are no appeals possible in the court system.

"Of course, we much prefer to be in front of a New York jury," Leslie Levine, one of Kuchinky's attorneys, said. "Second to that, we're really glad we have a case to move forward on."

Curry has 30 days to file for arbitration. Rulings by arbitrators are typically confidential, so the result of a hearing may never become public.

Author: Fox Sports
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Added: May 29, 2009


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