Petrova v. Investors Capital

*978OPINION OF THE COURT

Francois A. Rivera, J.

Defendants move, pursuant to CPLR 3211 (a) (7), for an order dismissing the plaintiffs’ summons with notice or, in the alternative, permanently staying this action and compelling the parties to proceed to arbitration before the Financial Industry Regulatory Authority pursuant to CPLR 7503 (a).

Plaintiffs submitted no opposition and failed to appear on April 17, 2009 for oral argument on the motion.

On or about January 15, 2008, plaintiffs served defendants with a summons and notice.

Motion Papers

Defendants’ motion consists of an attorney’s affirmation…