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FOX TELEVISION STATIONS, INC. v. RAINBOW BROADCASTING LIMITED PARTNERSHIP

45 A.D.3d 399 (2007)

846 N.Y.S.2d 40

FOX TELEVISION STATIONS, INC., Respondent, v. RAINBOW BROADCASTING LIMITED PARTNERSHIP, Appellant.

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

Decided November 15, 2007.

The court properly exercised its discretion in declining to dismiss this proceeding in favor of the parties' pending Florida action (see San Ysidro Corp. v Robinow, 1 A.D.3d 185, 186-187 [2003]). The retention agreement by which the parties named the neutral appraiser provided that New York law would govern the agreement and that the parties would submit to the jurisdiction of the New York...

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