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Contact Information: New York, NY 10019 United States. Articles by: Penny Hart, CEO TSC Direct. 575 Jericho Turnpike In an action, inter alia, pursuant to Business Corporation Law § 720 to compel the defendant Penny Fern Hart to account for her alleged misconduct in the management of the defendant Tri-State Consumer, Inc., to enjoin Penny Fern Hart from further participation in the management of Tri-State Consumer, Inc., to compel the defendants to permit the plaintiff to inspect the books and records of the defendant Tri-State Consumer, Inc., and for specific performance of an agreement to arbitrate disputes between the plaintiff and Penny Fern Hart, Penny Fern Hart appeals (1) from an order of the Supreme Court, Nassau County (Warshawsky, J. v Gribin, 128 AD2d 874 [1987]). Accordingly, the plaintiff's motion to compel arbitration should have been denied. In opposition, counsel for Penny Hart noted that "there is a fundamental contradiction in bringing an action for judicial resolution of a host of grievances" and seeking arbitration in the same action.

Co. v Sauro, 251 AD2d 509 [1998]; Matter of Hawthorne Dev. S. Miller, J.P., Ritter, Goldstein and Lifson, JJ., concur. He alleged the same wrongs in the arbitration and in the action, inter alia, that Penny Hart breached her fiduciary duty to TSC, and he sought the same relief (see Johanson Resources v LaVallee, 271 AD2d 832 [2000]). Assoc. Greater New York City Area. Ordered that the appellant is awarded one bill of costs. Penny Hart Senior Lecturer at University of Portsmouth, UK. See others named Penny Hart Add new skills with these courses. Penny Hart. The Received tab shows the referrals you've received. In an action, inter alia, pursuant to Business Corporation Law § 720 to compel the defendant Penny Fern Hart to account for her alleged misconduct in the management of the defendant Tri-State Consumer, Inc., to enjoin Penny Fern Hart from further participation in the management of Tri-State Consumer, Inc., to compel the defendants to permit the plaintiff to inspect the books and records of the defendant Tri-State Consumer, Inc., and for specific performance of an agreement to arbitrate disputes between the plaintiff and Penny Fern Hart, Penny Fern Hart appeals (1) from an order of the Supreme Court, Nassau County (Warshawsky, J. Indicates an imbalance. Co. v Sauro, 251 AD2d 509 [1998]; Matter of Hawthorne Dev. See others named Penny Hart Add new skills with these courses. Today, that dream is a reality. Colleagues are other professionals you exchange referrals with. As corrected through Wednesday, July 20, 2005, New York Appellate Division, Second Department Decisions. If you'd like to receive lots of referrals, be sure to send them to your colleagues too. Penny Hart. Assoc. Ordered that the appeal from so much of the order dated March 18, 2004, as granted the plaintiff's motion for reargument is dismissed as academic; and it is further. Ordered that the appeal from so much of the order dated March 18, 2004, as granted the plaintiff's motion for reargument is dismissed as academic; and it is further. Indicates your referral relationship is balanced, In October 2003, the plaintiff and Penny Hart, as shareholders of TSC, met and were unable to settle their differences. TSC Direct InsuramceHomeowner, Auto & Business Insurance. Greater Portsmouth Area. Penny Hart Owner, TSC>Direct. Penny Hart. Just type ‘@’ as the first character in the text box, choose your recipient, and type your message. Find past Briefs by choosing briefs in the top search bar and typing a search-term. Co. v Nester, 90 NY2d 255, 264 [1997]). Hart v Tri-State Consumer, Inc. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. The Supreme Court granted the motion to compel arbitration, and, inter alia, adhered to that determination upon reargument. Penny Hart appealed and moved to stay arbitration. Ordered that the order dated March 18, 2004, is reversed insofar as reviewed, on the law, the order dated January 22, 2004, is vacated, and the plaintiff's motion to compel arbitration is denied; and it is further. Join to Connect TSC>Direct. The Court of Appeals has held that where a party seeks to compel arbitration and at the same time seeks protective relief to preserve the status quo pending arbitration, there is no waiver of arbitration (see Preiss/Breismeister Architects v Westin Hotel Co.-Plaza Hotel Div., 56 NY2d 787, 789 [1982]; Sherrill v Grayco Bldrs., 64 NY2d 261, 273 [1985]). In opposition, counsel for Penny Hart noted that "there is a fundamental contradiction in bringing an action for judicial resolution of a host of grievances" and seeking arbitration in the same action.

This action involves a dispute between plaintiff Penny F. Hart and defendant Thomas V. Cappa, who were lovers before they broke off their romantic relationship in or about 2012. Ins. ), dated January 22, 2004, which granted the plaintiff's motion to compel arbitration and directed a hearing to determine whether the arbitrator was impartial and (2), as limited by her brief, from so much of an order of the same court dated March 18, 2004, as granted the plaintiff's motion for reargument and, upon reargument by the plaintiff and Penny Fern Hart, adhered to so much of the original determination as granted the plaintiff's motion to compel arbitration and vacated so much of the order dated January 22, 2004, as directed a hearing to determine whether the arbitrator was impartial. Simply return to the sent tab and click “View Referrals” to see all comments and respond. He commenced an action seeking a judicial determination of the controversy and only sought arbitration after efforts at settlement failed. On or about October 30, 2003, the plaintiff amended his verified complaint in the instant action to add a cause of action for specific performance of the agreement to arbitrate and moved to compel arbitration by order to show cause dated December 1, 2003. In response, Penny Hart agreed to provide the plaintiff with a copy of TSC's by-laws and agreed to adjourn the shareholders' meeting. He commenced an action seeking a judicial determination of the controversy and only sought arbitration after efforts at settlement failed. TSC Direct Insuramce Homeowner, Auto & Business Insurance. Penny Hart Owner, TSC>Direct. Co. v Nester, 90 NY2d 255, 264 [1997]). [*2]. Find out how much #TSC … In October 2003, the plaintiff and Penny Hart, as shareholders of TSC, met and were unable to settle their differences.

The Sent tab displays the referrals you've sent to others and recent comments. The plaintiff did not seek arbitration until after he had commenced the instant action and settlement negotiations were unsuccessful. In response, Penny Hart agreed to provide the plaintiff with a copy of TSC's by-laws and agreed to adjourn the shareholders' meeting. Ins. United States [*2]. Denver Metropolitan Area. Penny Hart Owner, TSC>Direct Greater New York City Area 500+ connections. Map This Locale. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Since Penny Hart sought to stay arbitration pending appeal she did not waive her right to appeal from the order compelling arbitration by participating in the arbitration (see Matter of Commerce & Indus. Her motion was denied by decision and order on motion of this Court dated April 20, 2004, and the parties proceeded to arbitration. Importance of Driving Safe in the Snow - February 19, 2014: Understanding Automobile Insurance, Part 1: Bodily Injury (BI) Liability Coverage - July 28, 2011: TSC>Direct Auto Insurance Reviews - July 26, 2011: Some Things to Think About Before You Buy Car Insurance - June 19, 2011: New York Homeowners Insurance - May 18, 2011: How to Prevent and … Ordered that the appeal from the order dated January 22, 2004, is dismissed, as that order was superseded by the order dated March 18, 2004, made upon reargument; and it is further, The plaintiff did not seek arbitration until after he had commenced the instant action and settlement negotiations were unsuccessful. By letter dated October 20, 2003, served by Facsimile and first-class mail, the plaintiff for the first time contended that the controversy was subject to arbitration pursuant to an agreement dated April 19, 1990, and demanded arbitration.

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