Legal Opinion
Interboro Mutual Indemnity Insurance v. Betancourt
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1992PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding to stay arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated October 23, 1990, which denied the application.
Ordered that the order is affirmed, with costs.
By participating in the arbitration proceedings instead of moving to temporarily stay the proceedings, the petitioner waived its right to move for a permanent stay of arbitration (see, Matter of McNulty [Locals 40, 361, & 417 Union Sec. Funds of Intl. Assn. of Bridge, Structural Ornamental Ironworkers], 176 AD2d 881; Matter of Marfrak Corp. v Gardner, 176 AD2d 323, 324;…
2Cases cited3 opinions
- Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
- In Re the Arbitration Between Beagle & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967
- Marfrak Corp. v. GardnerAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- In re the Arbitration between Carbone/Orrino Agency, Inc. & CarboneAppellate Division of the Supreme Court of the State of New York · 1994
- Allstate Insurance v. PicciarelliAppellate Division of the Supreme Court of the State of New York · 1994
- Interboro Mutual Indemnity v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2000