Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc.

Appellate Division of the Supreme Court of New York

Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc.

260 A.D.2d 386, 687 N.Y.S.2d 690, 1999 N.Y. App. Div. LEXIS 3557

Appellate Division of the Supreme Court of the State of New York·Decided April 5, 1999·Published·Cited by 2 cases

Opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioners appeal from an order of the Supreme Court, Nassau County (Phelan, J.), entered January 2, 1998, which denied the petition.

Ordered that the order is affirmed, with costs.

We agree that the petitioners participated in the arbitration process thereby manifesting a preference clearly inconsistent with their present effort to stay arbitration (cf, De Sapio v Kohlmeyer, 35 NY2d 402, 405). Bracken, J. P., Sullivan, Altman and Friedmann, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioners appeal from an order of the Supreme Court, Nassau County (Phelan, J.), entered January 2, 1998, which denied the petition.

Ordered that the order is affirmed, with costs.

We agree that the petitioners participated in the arbitration process thereby manifesting a preference clearly inconsistent with their present effort to stay arbitration (cf, De Sapio v Kohlmeyer, 35 NY2d 402, 405). Bracken, J. P., Sullivan, Altman and Friedmann, JJ., concur.

Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc., 260 A.D.2d 386, 687 N.Y.S.2d 690, 1999 N.Y. App. Div. LEXIS 3557 (N.Y. Ct. App. 1999).

Pincite

260 A.D.2d 386 (Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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