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MATTER OF GEMINI REAL ESTATE ADVISORS, LLC v. BYRON REALTY I CORPORATION

5193N, 116519/10.

84 A.D.3d 673 (2011)

923 N.Y.S.2d 322

In the Matter of GEMINI REAL ESTATE ADVISORS, LLC, et al., Appellants, v. BYRON REALTY I CORPORATION, Respondent.

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

Decided May 26, 2011.

Petitioners' December 20, 2010 letter to the arbitrator, which requested that the arbitrator reopen the proceedings so that petitioners could present arguments on the merits, and which was sent before petitioners moved the court for relief, constitutes participation in the arbitration that precludes the grant of a stay (see CPLR 7503 [b]; Matter of Commerce & Indus. Ins. Co. v Nester, 90 N.Y.2d 255

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