E.S. Originals, Inc. v. Totels Isotoner Corporation, No. 1:2008cv01945 - Document 18 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER #99329 re: 5 MOTION to Dismiss (NOTICE OF DEFENDANT TOTES ISOTONER CORPORATION'S MOTION TO DISMISS THE COMPLAINT OR, IN THE ALTERNATIVE, TO STAY THE ACTION PENDING ARBITRATION) filed by Totels Isotoner Corporation. For the reasons set forth in this Opinion and Order, Totes's motion to dismiss ESO's causes of action for lack of subject matter jurisdiction is DENIED and Totes's motion to compel arbitration is GRANTED. Because all of ESO's claims are to be decided at arbitration, Totes's motion to dismiss for failure to state a claim is DENIED as moot. The Clerk of the Court is directed to close this motion, docket no. 5, and close this case. (Signed by Judge Peter K. Leisure on 8/19/2010) (tro) Modified on 8/20/2010 (ajc).