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CASTRO v. JEM LEASING, LLC

Index No. 35205/20E. Appeal No. 17518. Case No. 2022-02846.

214 A.D.3d 475 (2023)

183 N.Y.S.3d 744

2023 NY Slip Op 01255

Cinthia Castro, Respondent, v. Jem Leasing, LLC, et al., Defendants, and Zwolf-NY, LLC, et al., Appellants.

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

Decided March 14, 2023.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci , of counsel) for appellants.

Concur—Kapnick, J.P., Kern, Gesmer, Singh, JJ.

Order, Supreme Court, Bronx County (Bianka Perez, J.), entered January 26, 2022, which granted plaintiff's motion to stay arbitration and denied the cross motion of defendants Zwolf-NY, LLC and UBER Technologies, Inc. (together, Uber) to stay litigation pending arbitration of the dispute, unanimously affirmed, without costs.

Although plaintiff moved to stay arbitration of her personal injury claim more than 20 days after Uber served notice of its intent to arbitrate...

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