Mic Property & Casualty Insurance v. Gjomarkaj

Appellate Division of the Supreme Court of New York

Mic Property & Casualty Insurance v. Gjomarkaj

233 A.D.2d 513, 650 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 12685

Appellate Division of the Supreme Court of the State of New York·Decided November 25, 1996·Published

Opinion

—In a proceeding to stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), entered November 22, 1995, which denied the petition and granted the respondent’s cross motion to compel arbitration.

Ordered that the appeal is dismissed, with costs payable to the respondent.

The record reveals that the parties proceeded to arbitration which resulted in an award to the respondent. By participating in the arbitration, the petitioner waived its right to appeal the denial of a permanent stay of arbitration. Accordingly, the appeal must be dismissed (see, Matter of Beagle [MVAIC], 19 NY2d 834; Long Is./Conn. Limousine Group v Airlimo Express, 231 AD2d 610; Matter of Nationwide Mut. Ins. Co. v Damaskinos, 227 AD2d 627; Matter of Allstate Ins. Co. v Peterson, 226 AD2d 528; Matter of State Farm Mut. Auto. Ins. Co. v Blumen, 221 AD2d 548). Bracken, J. P., Copertino, Joy, Florio and McGinity, JJ., concur.

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—In a proceeding to stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), entered November 22, 1995, which denied the petition and granted the respondent’s cross motion to compel arbitration.

Ordered that the appeal is dismissed, with costs payable to the respondent.

The record reveals that the parties proceeded to arbitration which resulted in an award to the respondent. By participating in the arbitration, the petitioner waived its right to appeal the denial of a permanent stay of arbitration. Accordingly, the appeal must be dismissed (see, Matter of Beagle [MVAIC], 19 NY2d 834; Long Is./Conn. Limousine Group v Airlimo Express, 231 AD2d 610; Matter of Nationwide Mut. Ins. Co. v Damaskinos, 227 AD2d 627; Matter of Allstate Ins. Co. v Peterson, 226 AD2d 528; Matter of State Farm Mut. Auto. Ins. Co. v Blumen, 221 AD2d 548). Bracken, J. P., Copertino, Joy, Florio and McGinity, JJ., concur.

Mic Property & Casualty Insurance v. Gjomarkaj, 233 A.D.2d 513, 650 N.Y.S.2d 992, 1996 N.Y. App. Div. LEXIS 12685 (N.Y. Ct. App. 1996).

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233 A.D.2d 513 (Mic Property & Casualty Insurance v. Gjomarkaj) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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