Fernandez v. Cohen

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered on or about October 19, 2012, denying the petition for a permanent stay of arbitration, and dismissing the proceeding brought pursuant to CPLR article 75, unanimously affirmed, without costs.

This proceeding arose in connection with a merger involving nonparty Emerging Vision, Inc., in which companies owned by the parties were shareholders. The merger was to proceed pursuant, inter alia, to a March 30, 2011 “Contribution Agreement” signed by the parties on behalf of their respective companies. However, the parties disagreed…