PNE Media, LLC v. Cistrone
Cases that cite this one
2 later published cases cite this decision.
- Deephaven Distressed Opportunities Trading, Ltd. v. 3V Capital Master Fund Ltd. (Appellate Division of the Supreme Court of New York 2010)
- Primavera Laboratories, Inc. v. Avon Products, Inc. (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
&emdash;Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered September 20, 2001, which, insofar as appealed from, denied appellant’s motion to stay the first and second counterclaims of respondents pending arbitration of such counterclaims, unanimously reversed, on the law, without costs, the motion granted, and the counterclaims permanently stayed.
The amended complaint contains, inter alia, several causes of action for breach of contract, fraud, and breach of fiduciary duty arising under certain promissory notes and pledge agreements among the parties. In response to respondents’ motion to compel arbitration, the court held that the action was not subject to arbitration. Thereafter, respondents asserted, inter alia, two counterclaims for breach of contract and breach of fiduciary duty under a limited liability corporation (LLC) agreement pursuant to which appellant PNE Mediá, LLC purchased a controlling interest in plaintiff Marathon Outdoor, LLC from respondents.
We also note that the counterclaims should be stayed under the Federal Arbitration Act (see, Dean Witter Reynolds v Byrd, 470 US 213) as they are related to interstate commerce (see, St. Lawrence Explosives Corp. v Worthy Bros. Pipeline Corp., 916 F Supp 187, 189-190). Concur—Williams, P.J., Mazzarelli, Andrias, Lerner and Marlow, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.