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THEODORE J. MARCUS, Indi v. dually, as a Shareholder and in the Right of Millwork Trading Co., Ltd., Appellant,

The issue of plaintiff's status as a shareholder in defendant Millwork Trading Co. (see, Blatt v. Sochet, 199 A.D.2d 451), and plaintiff's derivative claim against defendant Darling (see, Maresca v. La Certosa, 172 A.D.2d 725), both fall within the scope of the broad arbitration clause contained in the shareholders' agreement. The action was also properly stayed against defendant Fung since plaintiff's claims against him raise issues similar to those against defendant Darling (see, Brown v. VR Adv., 112 A.D.2d 856, 861, affd 67 N.Y.2d 772).

Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.

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MARCUS v. MILLWORK TRADING CO., LTD
(Oct 20, 1994)