VERDERBER v. COMMANDER ENTERPRISES CENTEREACH, LLC

2009-10832.

85 A.D.3d 770 (2011)

924 N.Y.S.2d 824

2011 NY Slip Op 5049

JOSEPH E. VERDERBER et al., Appellants, v. COMMANDER ENTERPRISES CENTEREACH, LLC, et al., Respondents.

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

Decided June 7, 2011.


Ordered that the appeal is dismissed, with costs.

The order from which the plaintiffs appeal granted their motion to dismiss a counterclaim asserted by the defendants and denied the defendants' cross motion to compel arbitration and for a preliminary injunction. On appeal, the plaintiffs seek review of the Supreme Court's factual determination, made in the context of denying the defendants' cross motion, that an operating agreement dated October 1, 2000, governed...

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