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Defeated Motion to Stay

Published: August 12, 2015

On behalf of its sophisticated financial services client, Pastore & Dailey LLC recently defeated a Motion to Stay a New York Supreme Court action pending resolution of an ongoing arbitration.  In denying the defendants’ motion for a stay, the court agreed with P&D’s arguments that the corporate defendants’ conduct in choosing not to participate in the arbitration, thus creating a complete separation of identity between the defendants in the court case and the respondents in the arbitration, could not be used as an excuse to stop the court proceedings until the arbitration was resolved.