Michael S. Gardner v Cantor Fitzgerald Europe

Motion No: M-918

Slip Opinion No: 2019 NYSlipOp 69174(U)

Decided on April 30, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

April 30, 2019

Michael S. Gardner,

Petitioner-Respondent,

v

Cantor Fitzgerald Europe,

Respondent-Appellant.

An appeal having been taken from orders of the Supreme Court, New York County, entered on or about June 29, 2018, which granted petitioner's petition to compel arbitration and denied respondent's motion to dismiss the proceeding, And respondent-appellant having moved to stay enforcement of the order compelling arbitration, pending hearing and determination of the appeal (M-916), And plaintiff-respondent having cross-moved to dismiss the appeal (M-918), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the cross motion to dismiss the appeal (M-918) is granted. The motion to stay enforcement of the order compelling arbitration (M-916) is denied. ENTERED: April 30, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices

M-918

M-916

Index No. 650739/18