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Current Developments in the Commercial Divisions of the
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Posted: August 21, 2016

Claims Not Subject to Arbitration Stayed Pending Arbitration of Related Claims

On August 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in Moyal v. Sullo, 2016 NY Slip Op. 31559(U), staying claims not subject to arbitration pending the arbitration of related claims, explaining:

That branch of Sulla’s and Moyal’s motion seeking an order from this Court staying litigation of the Circle Press-related cross claims and counterclaims pending arbitration of the V12 LLC claims is appropriate. The determination in the arbitration proceeding could have a significant effect on the outcome of the related claims, and the specter of inconsistent findings in the absence of a stay is very real. Under these circumstances, those cross claims and counterclaims that are not subject to arbitration are stayed pending final resolution of the underlying arbitration.

(Internal citations omitted).

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