Gemini Real Estate Advisors v. Byron Realty I Corp.

Appellate Division of the Supreme Court of New York

Gemini Real Estate Advisors v. Byron Realty I Corp.

84 A.D.3d 673, 923 N.Y.S.2d 322

Appellate Division of the Supreme Court of the State of New York·Decided May 26, 2011·Published

Opinion

Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 14, 2011, denying the petition to stay arbitration, and dismissing the proceeding, unanimously affirmed, with costs.

Eetitioners’ December 20, 2010 letter to the arbitrator, which requested that the arbitrator reopen the proceedings so that petitioners could present arguments on the merits, and which was sent before petitioners moved the court for relief, constitutes participation in the arbitration that precludes the grant of a stay (see CPLR 7503 [b]; Matter of Commerce & Indus. Ins. Co. v Nester, 90 NY2d 255, 263 [1997]). Concur — Andrias, J.E, Friedman, Catterson, Renwick and DeGrasse, JJ.

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Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 14, 2011, denying the petition to stay arbitration, and dismissing the proceeding, unanimously affirmed, with costs.

Eetitioners’ December 20, 2010 letter to the arbitrator, which requested that the arbitrator reopen the proceedings so that petitioners could present arguments on the merits, and which was sent before petitioners moved the court for relief, constitutes participation in the arbitration that precludes the grant of a stay (see CPLR 7503 [b]; Matter of Commerce & Indus. Ins. Co. v Nester, 90 NY2d 255, 263 [1997]). Concur — Andrias, J.E, Friedman, Catterson, Renwick and DeGrasse, JJ.

Gemini Real Estate Advisors v. Byron Realty I Corp., 84 A.D.3d 673, 923 N.Y.S.2d 322 (N.Y. Ct. App. 2011).

Pincite

84 A.D.3d 673 (Gemini Real Estate Advisors v. Byron Realty I Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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