In re the Arbitration between Povinelli & Royal Insurance

OPINION OF THE COURT

Joseph R. Glownia, J.

This is a motion by petitioners for an order directing a non-jury trial on the issue of damages only relating to the underinsurance claim of the petitioners. Respondents oppose the motion upon the grounds that this court’s jurisdiction has been divested and there is an action pending in the State of North Carolina involving essentially the same issues presented here.

To determine the instant motion, the court must analyze the "confers jurisdiction” provision of CPLR 7501 and the "subsequent applications” provision of CPLR 7502 (a). A close reading of…