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EDGEWATER GROWTH CAPITAL PARTNERS, L.P. v. GREENSTAR NORTH AMERICA HOLDINGS, INC.

1957N, 108641/08

69 A.D.3d 439 (2010)

891 N.Y.S.2d 278

2010 NY Slip Op 78

EDGEWATER GROWTH CAPITAL PARTNERS, L.P., et al., Appellants, v. GREENSTAR NORTH AMERICA HOLDINGS, INC., Respondent.

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

Decided January 7, 2010.

"In deciding an application to compel arbitration pursuant to CPLR 7503 (a), the court is required to first make a determination whether the parties have entered into a valid arbitration agreement and, if so, whether the issue sought to be submitted to arbitration falls within the scope of that agreement" (Koob v IDS Fin. Servs., 213 A.D.2d 26, 30 [1995] [internal quotation marks and citations omitted]). Here, the motion court properly...

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