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HAMENT v. FitZGERALD

8464, 155410/16.

171 A.D.3d 404 (2019)

97 N.Y.S.3d 107

2019 NY Slip Op 02447

Nancy J. Hament et al., Respondents, v. Kevin P. FitzGerald, Appellant.

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

Decided April 2, 2019.

Defendant, as a corporate officer of ARK Construction Co., contracted with plaintiffs to perform certain renovation and construction services. The agreement ended in disputes, and plaintiffs commenced an arbitration proceeding against ARK, while filing a Supreme Court complaint against defendant FitzGerald individually. The arbitration and Supreme Court action involved the same agreement, the same scope of work and, excepting defendant...

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