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MATTER OF DeNOBILE v. PANETTA

2016-03452. Index No. 604199/14.

166 A.D.3d 769 (2018)

89 N.Y.S.3d 98

2018 NY Slip Op 07722

In the Matter of John DeNobile, Derivatively on Behalf of Axcess, Inc., et al., Appellants-Respondents, v. Thomas Panetta et al., Respondents-Appellants. Michael Garnick, Nonparty Respondent.

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

Decided November 14, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the motion of nonparty Michael Garnick which was to permanently stay arbitration of claims asserted against him by Mark Teitelbaum, derivatively on behalf of Axcess I, LLC, and by Salvatore Coluccio, derivatively on behalf of Brooklyn Axcess, LLC, is denied; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered...

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