SUTPHIN RETAIL ONE, LLC v. SUTPHIN AIRTRAIN REALTY, LLC

2015-01109, Index No. 22799/13.

143 A.D.3d 972 (2016)

2016 NY Slip Op 07018

40 N.Y.S.3d 457

SUTPHIN RETAIL ONE, LLC, Respondent, v. SUTPHIN AIRTRAIN REALTY, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 26, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion to compel arbitration and stay all proceedings in the action pending arbitration is granted, and that branch of the plaintiff's motion which was for summary judgment on the cause of action for specific performance of a buyout provision in an operating agreement is denied.

The plaintiff commenced this action, inter alia, for specific performance of a buyout provision...

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