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MATTER OF SSL INTERNATIONAL, PLC v. ZOOK

44 A.D.3d 429 (2007)

843 N.Y.S.2d 264

In the Matter of SSL INTERNATIONAL, PLC, et al., Appellants, et al., Petitioner, v. GERALD P. ZOOK, Respondent.

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

Decided October 11, 2007.

Having moved this Court, albeit unsuccessfully, for a stay of arbitration pending the appeal, appellants did not waive their right to pursue the appeal (see Matter of Commerce & Indus. Ins. Co. v Nester, 90 N.Y.2d 255, 264 [1997]).

The court's determination to compel arbitration was appropriate. Respondent made a sufficient evidentiary showing that appellants exploited the 1997 license agreement between respondent and...

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