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Canofi Master Ldc, Etc., et al., Plaintiffs-Respondents, the v. Comvest Group

February 26, 2013

CANOFI MASTER LDC, ETC., ET AL., PLAINTIFFS-RESPONDENTS, THE
v.
COMVEST GROUP, ET AL., DEFENDANTS-APPELLANTS.



Canofi Master LDC v ComVest Group

Decided on February 26, 2013

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Acosta, Freedman, Richter, Gische, JJ.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about June 19, 2012, which granted plaintiffs' motion to vacate the partial stay granted on defendants' prior motion to compel arbitration, unanimously affirmed, without costs.

Vacatur of the partial stay was a provident exercise of discretion in light of the timely amendment of the complaint as of right (see CPLR 3025[a]) and the discontinuance of the arbitrable claims against the signatory to the agreement containing the arbitration clause. We reject defendants' present attempt to raise arguments against vacatur with respect to non-signatories and certain claims that it had previously failed to advance.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 26, 2013

CLERK

20130226

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