Mark Ross & Co. v. XE Capital Management, LLC

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered May 2, 2007, which denied petitioners’ motion for a preliminary injunction staying the underlying arbitration and dismissed the petition, unanimously affirmed, with costs.

The court properly rejected petitioners’ attempts to stay the underlying arbitration on the basis that they were nonsignatories to the subject agreement that contained an arbitration clause (Agreement). The Agreement was executed by respondent XE Capital Management, LLC (XE), and R 2004, LLC (R 2004), a company formed by petitioner Mark Ross & Co, Inc.…