In this wrongful death action, the Appellate Division, Second Department, with Justice James McCormack writing for the unanimous Court, reversed the lower court’s order and stayed arbitration, holding, in accordance with the Horn Appellate Group’s arguments on appeal, that the wrongful death claims of the decedent’s parent’s are not derivative of the negligence causes of action and thus they are not bound by the “clickwrap” arbitration agreement which was required for the decedent to have rented the electronic moped using the Revel app.
