Lumbermens Mutual Casualty Co. v. Schrem

Judgment, denominated an order, Supreme Court, New York County (Stuart Cohen, J.), entered August 22, 1994, which, after a non-jury trial, granted petitioner’s application to permanently stay arbitration, is unanimously reversed, on the law and the facts, without costs, the petition is denied and the judgment is vacated. Appeal from the order, same court and Justice, entered November 3, 1995, which denied respondent’s motion to vacate the judgment, is dismissed as moot, without costs.

Despite the fact that both parties erroneously relied on the standard, rather than the supplemental insurance…