Opinion
Argued November 14, 2000.
December 19, 2000.
In a proceeding pursuant to CPLR article 75 to stay arbitration, American Surety Agency, Inc., and Republic Western Insurance Company appeal from (1) an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 29, 1999, which granted the petitioner's motion to renew and reargue a prior order of the same court dated December 1, 1998, denying the petition and dismissing the proceeding and, upon renewal and reargument, directed a hearing to determine whether there was a valid agreement by the parties to arbitrate, and (2) a judgment of the same court, entered July 19, 1999, which, after a hearing, granted the petition and permanently stayed arbitration.
Agovino Asselta, LLP, New Hyde Park, N.Y. (Joseph P. Asselta of counsel), for appellants.
Guy T. Parisi, White Plains, N.Y. (Connelly Penino, LLP [Neil B. Connelly] of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that the petitioner is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248).
The Supreme Court properly concluded that there was no valid agreement by the parties to arbitrate (see, Matter of Salmanson v. Tucker Anthony Inc., 216 A.D.2d 283; McLaughlin, Piven, Vogel v. Nolan Co., 114 A.D.2d 165, 168).
The appellants failed to establish that the petitioner exercised complete domination over Edmund J. Bergassi Agency, Inc., and that such domination was used to commit a fraud upon them (see, Matter of Morris v. New York State Dept. of Taxation Fin., 82 N.Y.2d 135; Weiss v. Marjam of Long Is., 270 A.D.2d 455; Stockacre Ltd. v. PepsiCo, Inc., 265 A.D.2d 398; Apollon Waterproofing Restoration Corp. v. Bergassi, 241 A.D.2d 347). Accordingly, the Supreme Court properly refused to pierce the corporate veil and allow arbitration against the petitioner personally.