PALLADIAN HEALTH, LLC v. SUMMER STREET CAPITAL II, L.P.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 2, 2012. The order granted the motion of plaintiffs for leave to renew their motion to stay arbitration, and upon renewal, stayed the subject arbitration.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion upon renewal and vacating the stay of arbitration, and as modified the order is affirmed without costs.

Memorandum: Contrary to defendants’ contention, we conclude that Supreme Court did not abuse its discretion in granting plaintiffs’ motion…