Legal Opinion

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

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

Decided March 21, 2003Published

1Opinion of the Court

—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…

2Cases cited2 opinions

  1. Home Mutual Insurance v. SpringerAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re the Arbitration between North River Insurance & MorganAppellate Division of the Supreme Court of the State of New York · 2002

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