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MATTER OF DeNOBILE v. PANETTA

2017-03852. Index No. 604199/14.

166 A.D.3d 771 (2018)

85 N.Y.S.3d 786

2018 NY Slip Op 07723

In the Matter of John DeNobile, Derivatively on Behalf of Axcess, Inc., et al., Respondents, v. Thomas Panetta, M.D., et al., Appellants.

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

Decided November 14, 2018.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's determination to deny the motion of Thomas Panetta and Thomas Panetta M.D. Vascular Surgery, PLLC, pursuant to CPLR 7503 (b) to permanently stay the subject arbitration proceeding insofar as asserted against them, as their participation in the arbitration process without a reservation of rights manifested a preference inconsistent with the subsequent effort to stay arbitration (see...

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