Kellman v. Whyte

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered November 18, 2013, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to compel arbitration of plaintiffs claims against defendants Whyte and Vitus Group Inc., stayed plaintiff’s claims against those defendants pending a final determination of arbitration of plaintiff’s claims against the other defendants, and denied plaintiff’s motion for leave to amend the complaint, unanimously modified, on the law, to grant defendants’ motion, vacate the stay, and dismiss the complaint, and…