PAC FUNG FEATHER CO. LTD. v. PORTHAULT NA LLC

1534, 600865/10, 590549/10.

140 A.D.3d 576 (2016)

33 N.Y.S.3d 691

2016 NY Slip Op 05027

PAC FUNG FEATHER CO. LTD., Defendant-Respondent, v. PORTHAULT NA LLC, Defendant/Third-Party Plaintiff-Appellant. DAVIDE FANELLI, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided June 23, 2016.


The issue of whether arbitration was properly compelled is moot in light of its termination upon Fanelli withdrawing his demand, but the issue of whether the motion court was correct in dismissing the third-party complaint is not moot. On this point, the court erred, and should have stayed, rather than dismissed, the claims, after granting the motion to compel arbitration (see Matter of Princeton Info., 235 A.D.2d 234 [1st Dept 1997...

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