Town of Amherst v. Granite State Insurance

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered May 16, 2014. The order denied the motion of defendant to compel arbitration and granted the cross motion of plaintiff for a permanent stay of arbitration.

It is hereby ordered that the order so appealed from is *1658unanimously modified on the law by granting defendant’s motion to compel arbitration except insofar as it concerns defendant’s counterclaim for equitable subrogation and denying plaintiff’s cross motion to stay arbitration except insofar as it concerns that counterclaim and as modified the order…