Legal Opinion
Commerce & Industry Insurance v. Nester
Appellate Division of the Supreme Court of the State of New York
Decided August 12, 1996PublishedCited by 2 opinions
1Opinion of the Court
—In a proceeding to stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCabe, J.), dated September 24, 1993, which dismissed the proceeding and directed the parties to proceed to arbitration.
Ordered that the appeal is dismissed, without costs or disbursements.
The appellant participated in the arbitration following the Supreme Court’s denial of its application for a stay, and it has therefore forfeited its right to appellate review of the Supreme Court’s judgment (see, Matter of Beagle [MVAIC], 19 NY2d 834; Matter of State Farm Mut. Auto. Ins. Co. v…
2Cases cited3 opinions
- In Re the Arbitration Between Beagle & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967
- Nationwide Mutual Insurance v. RothbartAppellate Division of the Supreme Court of the State of New York · 1995
- State Farm Mutual Automobile Insurance Company v. BlumenAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- One Beacon Insurance v. BlochAppellate Division of the Supreme Court of the State of New York · 2002
- Allstate Insurance v. RomeroAppellate Division of the Supreme Court of the State of New York · 2001