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MARK ROSS & CO., INC. v. XE CAPITAL MANAGEMENT, LLC

46 A.D.3d 296 (2007)

847 N.Y.S.2d 83

MARK ROSS & CO., INC., et al., Appellants, v. XE CAPITAL MANAGEMENT, LLC, Respondent.

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

Decided December 6, 2007.

The court properly rejected petitioners' attempts to stay the underlying arbitration on the basis that they were nonsignatories to the subject agreement that contained an arbitration clause (Agreement). The Agreement was executed by respondent XE Capital Management, LLC (XE), and R 2004, LLC (R 2004), a company formed by petitioner Mark Ross & Co, Inc. (MRC), and its principals, including the individual petitioner, to enter into a joint venture with XE. Although nonsignatories...

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