In re the Arbitration between Ohio Casualty Insurance & Arbitration Forums, Inc.

Appellate Division of the Supreme Court of New York

In re the Arbitration between Ohio Casualty Insurance & Arbitration Forums, Inc.

303 A.D.2d 936, 757 N.Y.S.2d 398, 2003 N.Y. App. Div. LEXIS 2851

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

DecidedMarch 21, 2003

StatusPublished

This text of 303 A.D.2d 936 (In re the Arbitration between Ohio Casualty Insurance & Arbitration Forums, Inc.) 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.

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In re the Arbitration between Ohio Casualty Insurance & Arbitration Forums, Inc., 303 A.D.2d 936, 757 N.Y.S.2d 398, 2003 N.Y. App. Div. LEXIS 2851 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of Supreme Court, Onondaga County (Carni, J.), entered March 5, 2002, which dismissed the petition seeking a stay of arbitration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly dismissed the petition seeking a stay of arbitration. By participating in the arbitration proceeding, i.e., by responding to claims and appearing at arbitration hearings without any reservation of rights, petitioner waived its right to a stay of arbitration (see CPLR 7503 [b]; Matter of North Riv. Ins. Co. [Morgan], 291 AD2d 230, 233 [2002]; Matter of Home Mut. Ins. Co. v Springer, 130 AD2d 493 [1987]). In light of our determination, it is not necessary to address petitioner’s remaining contention. Present — Pigott, Jr., P.J., Wisner, Scudder, Burns and Gorski, JJ.

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—Appeal from a judgment of Supreme Court, Onondaga County (Carni, J.), entered March 5, 2002, which dismissed the petition seeking a stay of arbitration.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly dismissed the petition seeking a stay of arbitration. By participating in the arbitration proceeding, i.e., by responding to claims and appearing at arbitration hearings without any reservation of rights, petitioner waived its right to a stay of arbitration (see CPLR 7503 [b]; Matter of North Riv. Ins. Co. [Morgan], 291 AD2d 230, 233 [2002]; Matter of Home Mut. Ins. Co. v Springer, 130 AD2d 493 [1987]). In light of our determination, it is not necessary to address petitioner’s remaining contention. Present — Pigott, Jr., P.J., Wisner, Scudder, Burns and Gorski, JJ.

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303 A.D.2d 936, 757 N.Y.S.2d 398, 2003 N.Y. App. Div. LEXIS 2851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-ohio-casualty-insurance-arbitration-forums-nyappdiv-2003.

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