Legal Opinion
Mic Property & Casualty Insurance v. Gjomarkaj
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 1996Published
1Opinion of the Court
—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,…
2Cases cited5 opinions
- In Re the Arbitration Between Beagle & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967
- State Farm Mutual Automobile Insurance Company v. BlumenAppellate Division of the Supreme Court of the State of New York · 1995
- Nationwide Mutual Insurance v. DamaskinosAppellate Division of the Supreme Court of the State of New York · 1996
- Allstate Insurance v. PetersonAppellate Division of the Supreme Court of the State of New York · 1996
- Long Island/Connecticut Limousine Group, Inc. v. Airlimo Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1996