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DELOS MEGACORE LTD., plf-ap, v. OMEGA INVESTMENTS LTD., def-res

4419-4421N. DELOS MEGACORE LTD., plf-ap, v. OMEGA INVESTMENTS LTD., def-res — Reitler Kailas & Rosenblatt LLC, New York (Leo G. Kailas of counsel), for ap — Brown Gavalas & Fromm LLP, New York (Peter Skoufalos of counsel), for res — Orders, Supreme Court, New York County (Charles E. Ramos, J.), entered February 10, 2017 and February 13, 2017, which granted plaintiff's motion to dismiss or stay this action in favor of arbitration pending in London, and order, same court and Justice, entered March 15, 2017, which, to the extent appealable, denied plaintiff's motion to modify or, alternatively, for leave to renew, unanimously affirmed, without costs.

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4419-4421N. DELOS MEGACORE LTD., plf-ap, v. OMEGA INVESTMENTS LTD., def-res — Reitler Kailas & Rosenblatt LLC, New York (Leo G. Kailas of counsel), for ap — Brown Gavalas & Fromm LLP, New York (Peter Skoufalos of counsel), for res — Orders, Supreme Court, New York County (Charles E. Ramos, J.), entered February 10, 2017 and February 13, 2017, which granted plaintiff’s motion to dismiss or stay this action in favor of arbitration pending in London, and order, same court and Justice, entered March 15, 2017, which, to the extent appealable, denied plaintiff’s motion to modify or, alternatively, for leave to renew, unanimously affirmed, without costs.

The motion court properly stayed this action in favor of pending arbitration, since the decision in the arbitration proceeding could dispose of the issues in this action (see CPLR 2201; Doronin v. Amanat, 133 AD3d 524 [1st Dept 2015]; JP Foodservice Distribs. v. PricewaterhouseCoopers, 291 AD2d 323 [1st Dept 2002]). In this action, plaintiff seeks to recover on a promissory note; at issue in the earlier commenced arbitration proceeding is the propriety of a subsequent agreement between the parties that includes a provision releasing defendant from its obligations under the note.

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