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MATTER OF GIANGUALANO

CA 12-00059

99 A.D.3d 1221 (2012)

951 N.Y.S.2d 439

2012 NY Slip Op 6683

In the Matter of the Arbitration between NICHOLAS GIAGUALANO et al., Respondents, and JAY B. BIRNBAUM et al., as Cotrustees of Trust B under the Last Will and Testament of BERNARD B. BIRNBAUM, Deceased.

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

October 5, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding to compel arbitration pursuant to CPLR article 75, respondents appeal from an order that, inter alia, granted petitioners' motion to restore the case to Supreme Court's calendar. Respondents contend that the court erred in granting the motion because this proceeding, which was commenced in 1993, had...

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