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

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 2003·Published

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.

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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303 A.D.2d 936 (In re the Arbitration between Ohio Casualty Insurance & Arbitration Forums, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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