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PALLADIAN HEALTH, LLC v. SUMMER STREET CAPITAL II, L.P.

400 CA 12-01351.

105 A.D.3d 1441 (2013)

963 N.Y.S.2d 811

2013 NY Slip Op 2942

PALLADIAN HEALTH, LLC, et al., Respondents, v. SUMMER STREET CAPITAL II, L.P., et al., Appellants.

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

Decided April 26, 2013.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 2, 2012. The order granted the motion of plaintiffs for leave to renew their motion to stay arbitration, and upon renewal, stayed the subject arbitration.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion upon renewal and vacating the stay of arbitration, and as modified...

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