*1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
DYLAN 140 LLC,
Plaintiff, -against-
HECTOR J. FIGUEROA AS TRUSTEE AND THE TRUSTEES OF THE BUILDING SERVICE 32BJ HEALTH FUND, BUILDING SERVICE 32BJ PENSION FUND, THOMAS SHORTMAN TRAINING SCHOLARSHIP AND SAFETY FUND, BUILDING SERVICE 32BJ LEGAL SERVICES FUND, and BUILDING SERVICES 32BJ SUPPLEMENTAL RETIREMENT & SAVINGS FUND,
Defendants.
ORDER
LEWIS A. KAPLAN, District Judge.
Defendants' motion to dismiss the complaint [DI-9] is converted into a motion to compel arbitration and granted, substantially for the reasons stated in the report and recommendation of Magistrate Judge Debra Freeman [DI-24]. Plaintiff's objections to the report and recommendation [DI-27] are overruled. The stay of the arbitration proceeding is lifted and this action is dismissed without prejudice.
SO ORDERED. Dated: January 7, 2020