Legal Opinion

Matter of ROM Reins. Mgt. Co., Inc. v. Continental Ins. Co., Inc.

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

Decided May 21, 2015No. 15198N 654480/12PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered January 22, 2015, denying the petition to stay arbitration on statute of limitations grounds, and dismissing the proceeding brought pursuant to CPLR article 75, unanimously affirmed, with costs.

Petitioners participated in the arbitrator selection process, even though they were undoubtedly aware of their statute of limitations claim. Under these circumstances, the court correctly determined that petitioners participated in the arbitration and therefore are precluded from seeking a stay on statute of limitations grounds…

2Cases cited2 opinions

  1. Allstate Insurance v. KhaitAppellate Division of the Supreme Court of the State of New York · 1996
  2. Cybex International, Inc. v. Fuqua Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Matter of Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLCAppellate Division of the Supreme Court of the State of New York · 2024

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