Oxbow Calcining USA Inc. v. American Industrial Partners

Order, Supreme Court, New York County (Eileen Bransten, J.), entered February 3, 2011, which denied defendants’ motion to the extent that it sought to compel arbitration and dismiss the fraud and fraudulent concealment causes of action or, in the alternative, to stay the action pending a simultaneously commenced Texas arbitration, and which granted the motion to dismiss with respect to the breach of fiduciary duty causes of action, unanimously modified, on the law, to the extent of reinstating plaintiffs’ causes of action for breach of fiduciary duty, dismissing the fraud and fraudulent…