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MATTER OF NEXIA HEALTH TECH., INC. v. MIRATECH, INC.

10194, 654151/18.

176 A.D.3d 589 (2019)

110 N.Y.S.3d 420

2019 NY Slip Op 07701

In the Matter of Nexia Health Technologies, Inc., Formerly Known as Nightinggale Informatix Corp., Appellant, v. Miratech, Inc., Respondent.

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

Decided October 24, 2019.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York (Randy M. Mastro of counsel), for appellant.

Greenberg Traurig, LLP, New York (Caroline J. Heller and Timothy C. Bass of the bar of the State of Maryland, the State of Virginia, and the District of Columbia, admitted pro hac vice, of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.

Petitioner commenced this special proceeding to vacate an arbitration award rendered in New York. Supreme Court denied the petition to vacate and granted respondent's cross motion to confirm the award.

Petitioner is a Canadian software company. Respondent is an IT company headquartered in Delaware. In 2012, petitioner decided to upgrade its software as it was having trouble upgrading it on its own. After some meetings and discussions, the parties entered into a letter...

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