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MARCUS v. MILLWORK TRADING CO., LTD

Appellate Division of the Supreme Court of New York, First Department.
Oct 20, 1994

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.