Smyczynski v. Genesis Marketing Group of America, Inc.

Order unanimously reversed on the law with costs, motion granted and cross motion denied. Memorandum: Supreme Court improperly granted defendants’ cross motion for an order compelling arbitration. That court had previously considered the propriety of arbitration and, in its order of June 25, 1991, denied defendants’ motion to dismiss the complaint and order arbitration. Defendants’ application was denied "in all respects”, and the court directed defendants to serve their answer to enable the litigation to proceed. Defendants did not appeal. Because defendants refused to comply with plaintiffs…