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Brocho V'Hatzlocho Corp. v. Rue Debac Realty

Proceedings Stayed Pending Arbitration on Unpaid Taxes, Water Charges, Not Base Rent

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DECISION AND ORDER

*1 The motions in these two proceedings, index numbers LT-075421-17/KI (“Action 1″) and LT-075422-17/KI (“Action 2″), are considered jointly for disposition. The papers submitted in support of and opposition to the motions are mirror images of each other excepting only the identity of the respondents, and the Respondents’ Exhibits 1 (Notice of Petition and Petition) and Exhibit 2 (Lease Agreement) which correspond to the respective respondents.The respondents, SMMK Realty, LLC (“SMMK”) and Rue Debac Realty, LLC (“Rue Debac”), moved, pursuant to CPLR 3211, to dismiss the proceedings for lack of personal jurisdiction. Alternatively, the respondents moved, pursuant to CPLR §§2201 and 7503, to stay these proceedings pending arbitration. The petitioner, The Brocho V’Hatzlocho Corporation (“Brocho”), opposed the motions.On October 16, 2017, this court issued a decision and order granting the respondents’ motions to dismiss for lack of personal jurisdiction to the extent of ordering a traverse hearing. The motions to stay the proceedings pending arbitration were held in abeyance pending resolution of the motions to dismiss. A traverse hearing was held on November 13, 2017, at which it was found that the respondents were properly served. Thus, this court has obtained personal jurisdiction over the respondents, and the respondents’ CPLR 3211 motions to dismiss were denied. Accordingly, only that portion of the respondents’ motions which seek to stay these proceedings pending arbitration are the subject of the instant decision.

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