Kielich v. Romanowski

*1207Appeal and cross appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered February 1, 2006. The order, among other things, granted plaintiffs’ motion to stay arbitration and vacate the demand for arbitration and denied in part defendants’ cross motion to compel arbitration and stay the action or in the alternative for an extension of time to serve an answer.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety that part of the cross motion seeking a stay of the action and vacating…