Dean v. Harvestime Tabernacle United Pentecostal Church International

In an action to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated October 21, 2009, as denied their motion pursuant to CPLR 3211 (a) (1) and (3) to dismiss the complaint insofar as asserted against the defendant Wayne Byrd and, in effect, pursuant to CPLR 7503 (a) to compel arbitration and stay the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

Article 7, section 2, of the by-laws of the Harvestime Tabernacle United Pentecostal Church…