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MERGENT SERVICES v. ITEX CORPORATION

15616, 601777/07

130 A.D.3d 408 (2015)

13 N.Y.S.3d 367

2015 NY Slip Op 05763

MERGENT SERVICES, Plaintiff, and JOHN BAL, Appellant, v. ITEX CORPORATION et al., Respondents, et al., Defendant.

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

Decided July 2, 2015.

Although plaintiff's reargument motion sought to bring up for review a January 2008 order, this Court had dismissed the appeal from that order as untimely and had denied plaintiff's motion to reinstate the appeal, and the time to appeal was not revived or extended by the subsequent vacatur and reinstatement of that order.

Plaintiff's argument that ITEX had waived arbitration before its commencement by not timely proceeding...

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