In re the Arbitration between Nassau Insurance & Franklin

Appellate Division of the Supreme Court of New York

In re the Arbitration between Nassau Insurance & Franklin

87 A.D.2d 594, 447 N.Y.S.2d 753, 1982 N.Y. App. Div. LEXIS 15863

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

DecidedMarch 8, 1982

StatusPublished

Cited by1 cases

This text of 87 A.D.2d 594 (In re the Arbitration between Nassau Insurance & Franklin) 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

In re the Arbitration between Nassau Insurance & Franklin, 87 A.D.2d 594, 447 N.Y.S.2d 753, 1982 N.Y. App. Div. LEXIS 15863 (N.Y. Ct. App. 1982).

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Opinion

In a proceeding to stay arbitration, Daisy Franklin appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Lonschein, J.), dated May 2,1980, as, upon an agreed statement of facts, granted the petitioner’s application upon condition (1) that petitioner pay appellant $500 and (2) that petitioner serve a notice of appear[595]*595anee in the underlying tort action. Appeal dismissed, with $50 costs and disbursements to petitioner. The appellant waived the right to appeal by accepting payment of the $500 and retaining the notice of appearance served pursuant to the judgment appealed from (see Gohery v Spartan Concrete Corp., 85 AD2d 678; P.H. C. Inc. v Wolf, 24 AD2d 769). Weinstein, J. P., O’Connor, Bracken and Rubin, JJ., concur.

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In a proceeding to stay arbitration, Daisy Franklin appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Lonschein, J.), dated May 2,1980, as, upon an agreed statement of facts, granted the petitioner’s application upon condition (1) that petitioner pay appellant $500 and (2) that petitioner serve a notice of appear[595]*595anee in the underlying tort action. Appeal dismissed, with $50 costs and disbursements to petitioner. The appellant waived the right to appeal by accepting payment of the $500 and retaining the notice of appearance served pursuant to the judgment appealed from (see Gohery v Spartan Concrete Corp., 85 AD2d 678; P.H. C. Inc. v Wolf, 24 AD2d 769). Weinstein, J. P., O’Connor, Bracken and Rubin, JJ., concur.

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Bluebook (online)

87 A.D.2d 594, 447 N.Y.S.2d 753, 1982 N.Y. App. Div. LEXIS 15863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-nassau-insurance-franklin-nyappdiv-1982.

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