Starowicz / arbitration / Davis litigation

Frankie's Free Range Meat LLC and others filed a New York Supreme Court action against Adam Starowicz.

An arbitrator's ruling reproduced by Davis states that a preliminary arbitration hearing occurred on Oct. 25, 2021 and that Tufano was represented by counsel who confirmed the jurisdiction and appropriateness of the proceeding.

The arbitrator language reproduced by Davis says that by email on or about Apr. 5, 2022 a prior request to pause or stay the arbitration was ruled on, with the arbitrator relying on the operating agreement's mandatory arbitration clause.

C089 was dismissed without prejudice after the court found no affidavit of service or other filing moving the action toward judgment; a request to restore/stay arbitration was denied as moot.

Tufano filed C090 against Adam Starowicz in Westchester Supreme Court.

Davis reports that Starowicz filed a motion to dismiss C090 on Jan. 9, 2023, arguing that the dispute belonged in the pending arbitration.

Two days after the reported motion to dismiss C090, Tufano filed C099 in S.D.N.Y. against the American Arbitration Association, Jeffrey K. Davis, Adam Starowicz and Sarah Thompson.

The federal court ordered Tufano to show cause why C099 should not be dismissed for lack of subject-matter jurisdiction.

After receiving Tufano's show-cause response, the court dismissed C099 without prejudice for lack of subject-matter jurisdiction.

The next day, Tufano filed C091 in Westchester Supreme Court against the same four defendants named in C099: AAA, Jeffrey Davis, Adam Starowicz and Sarah Thompson.

Stipulations filed March 9, 2023 discontinued Tufano's claims in C090 and C091 with prejudice.

Tufano later filed C094 against Jeffrey Davis in Westchester Supreme Court.

The court dismissed C094, finding no cognizable claim within its subject-matter jurisdiction and explaining that a state court could not review or vacate federal court orders; the decision expressly identified C091 as related.