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ALL METRO HEALTH v. EDWARDS

601267/08.

25 Misc.3d 863 (2009)

884 N.Y.S.2d 648

2009 NY Slip Op 29365

ALL METRO HEALTH CARE SERVICES, INC., et al., Plaintiffs, v. GLENN EDWARDS et al., Defendants.

Supreme Court, New York County.

September 1, 2009.

Attorney(s) appearing for the Case

Cole, Schotz, Meisel, Forman & Leonard, P.A., New York City (Leo V. Leyva and Steven L. Klepper of counsel), for All Metro Health Care Services, Inc., plaintiff.

Lowenstein Sandler P.C., New York City (R. Scott Thompson of counsel), for 1818 Mezzanine Fund II, L.P., plaintiff.

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., New York City (Barbara Moses of counsel), for Glenn Edwards, defendant.

Carlet, Garrison, Klein & Zaretsky, L.L.P. New York City (Norman I. Klein of counsel), for Scott R. Mixer and another, defendants.

OPINION OF THE COURT

MARCY S. FRIEDMAN, J.

In this action, plaintiffs All Metro Health Care Services, Inc. (AMHC) and the 1818 Mezzanine Fund II, L.P. (1818 Fund) seek damages for defendants' alleged fraud in connection with the sale to AMHC of All Metro Aids, Inc. (All Metro Aids), a corporation engaged in the business of home health care. Plaintiffs AMHC and 1818 Fund move to discontinue the action so they can proceed with arbitration of their claims against...

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