Docket No. 01-7379.

265 F.3d 136 (2001)

James GARTEN, Kari Garten, Harris Schwartzberg, Michael Joannou and Theresa Joannou, Plaintiffs-Appellees, v. Peter C. KURTH, Paula Rudofsky, Julia Kurth, The Peter C. Kurth Office of Architecture and Planning, P.C., MKC Construction Management Corp., Inc., PGM Construction Management, Inc., KRK Construction Management, Inc., and Peter C. Kurth, AIA, d/b/a Design Works Construction, Inc., Defendants-Appellants. Cynthia Darden, ABC Corporations Nos. 1 Through 10, John Doe Nos. 1 Through 10 (a Fictitious Name) and John Sergeant, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 7, 2001.

Attorney(s) appearing for the Case

David S. Pegno, Dewey Pegno & Kramarsky, New York, NY, for Appellees.

Matthew G. Roseman, Forchelli Curto Schwartz Mineo Carlino & Cohn, Mineola, NY, for Appellants.

Before MINER, CALABRESI, and CABRANES, Circuit Judges.

CALABRESI, Circuit Judge:

Defendants appeal from the decision of the United States District Court for the Southern District of New York (Charles L. Brieant, J.) to deny Defendants' motion to compel arbitration for a variety of claims brought by Plaintiffs with respect to a construction project on Plaintiffs' property. The district court held that threats made by Defendant Peter Kurth concerning both his ample knowledge of arbitration and the costs of arbitration...

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