Conway Stores, Inc. v. Interstate Fire & Casualty Co.

Appellate Division of the Supreme Court of New York

Conway Stores, Inc. v. Interstate Fire & Casualty Co.

16 A.D.3d 364, 790 N.Y.S.2d 406, 2005 N.Y. App. Div. LEXIS 2298

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 7, 2005

StatusPublished

This text of 16 A.D.3d 364 (Conway Stores, Inc. v. Interstate Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conway Stores, Inc. v. Interstate Fire & Casualty Co., 16 A.D.3d 364, 790 N.Y.S.2d 406, 2005 N.Y. App. Div. LEXIS 2298 (N.Y. Ct. App. 2005).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the defendant Crawford & Company appeals from an order of the Supreme Court, Kings County (Jacobson, J), dated February 10, 2004, which, inter alia, granted the plaintiffs motion to stay arbitration of the causes of action asserted against it pending resolution of the causes of action asserted against the defendant Interstate Fire and Casualty Company.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the Supreme Court providently exercised its discretion in granting the plaintiffs motion to stay arbitration of the causes of action asserted against it pending resolution of the causes of action asserted against the defendant Interstate Fire and Casualty Company (hereinafter Interstate) (see CPLR 603, 4011; Baseball Off. of Commr. v Marsh & McLennan, 295 AD2d 73, 78-79 [2002]). As pleaded by the plaintiff, the causes of action against the appellant will be rendered academic if the plaintiff prevails on its causes of action against Interstate.

The appellant’s remaining contention is without merit. Prudenti, P.J., Cozier, Ritter and Spolzino, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the defendant Crawford & Company appeals from an order of the Supreme Court, Kings County (Jacobson, J), dated February 10, 2004, which, inter alia, granted the plaintiffs motion to stay arbitration of the causes of action asserted against it pending resolution of the causes of action asserted against the defendant Interstate Fire and Casualty Company.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the Supreme Court providently exercised its discretion in granting the plaintiffs motion to stay arbitration of the causes of action asserted against it pending resolution of the causes of action asserted against the defendant Interstate Fire and Casualty Company (hereinafter Interstate) (see CPLR 603, 4011; Baseball Off. of Commr. v Marsh & McLennan, 295 AD2d 73, 78-79 [2002]). As pleaded by the plaintiff, the causes of action against the appellant will be rendered academic if the plaintiff prevails on its causes of action against Interstate.

The appellant’s remaining contention is without merit. Prudenti, P.J., Cozier, Ritter and Spolzino, JJ., concur.

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Bluebook (online)

16 A.D.3d 364, 790 N.Y.S.2d 406, 2005 N.Y. App. Div. LEXIS 2298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conway-stores-inc-v-interstate-fire-casualty-co-nyappdiv-2005.

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