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MATTER OF R.C. METELL CONSTRUCTION, INC. v. SANDLER

2019-02554, 2019-02562. Index No. 69841/18.

189 A.D.3d 1415 (2020)

134 N.Y.S.3d 762

2020 NY Slip Op 07892

In the Matter of R.C. Metell Construction, Inc., et al., Appellants, v. Randal Sandler et al., Respondents.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Schwartzman Garelik Walker & Troy, P.C. New York, NY ( Donald A. Pitofsky of counsel), for appellants.

Cermele & Wood, LLP, White Plains, NY ( Mark Cermele and Benjamin M. Rattner of counsel), for respondents.

Balkin, J.P., Leventhal, Barros and Wooten, JJ., concur.

Ordered that the judgment is modified, on the law, by deleting the provisions thereof, in effect, denying that branch of the petition which was to permanently stay arbitration against the petitioner Ronald C. Metell and dismissing that portion of the proceeding, and substituting therefor a provision granting that branch of the petition; as so modified, the judgment is affirmed, without costs or disbursements; and it is further...

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