Jarvis v. Regdos

OPINION OF THE COURT

John V. Rogowski, J.

This is an application by defendant for a stay pending appeal. Plaintiff opposes the application, and has cross-moved for an order dismissing the appeal.

Plaintiff instituted a small claims action in the City Court of Buffalo to recover for property damage arising from an automobile accident on April 17, 1989. Defendant counterclaimed. On June 28, 1989, both parties, each represented by counsel, *1089executed a written waiver in the action and agreed to have the case heard and decided by an arbitrator. The waiver provided as follows: "The parties above-named…