N.J.R. Associates v. Tausend

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered November 15, 2010, which, to the extent appealed from, granted the petition to stay arbitration of respondent’s fraud-based counterclaims, denied respondent’s motion to dismiss the petition, and denied respondent’s request for sanctions, unanimously modified, on the law, the petition denied, and the motion to dismiss the petition granted, and otherwise affirmed, without costs.

Respondent’s filing of a CPLR article 75 petition to stay the arbitration sought by petitioner on the grounds that the…