Legal Opinion

Nationwide Mutual Insurance v. Rothbart

Appellate Division of the Supreme Court of the State of New York

Decided October 10, 1995PublishedCited by 8 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to stay arbitration, the petitioner appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 8, 1994, which denied the application.

Ordered that the appeal is dismissed, without costs or disbursements.

By participating in the arbitration with the respondents, the petitioner has waived its right to appeal (see, Matter of Beagle [MVAIC], 19 NY2d 834). Sullivan, J. P., Copertino, Pizzuto and Krausman, JJ., concur.

2Cases cited1 opinion

  1. In Re the Arbitration Between Beagle & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1967

3Cited by8 opinions

  1. Goldweber & Hershkowitz v. DigsbyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Nationwide Mutual Insurance v. DamaskinosAppellate Division of the Supreme Court of the State of New York · 1996
  3. Allstate Insurance v. PetersonAppellate Division of the Supreme Court of the State of New York · 1996
  4. Commerce & Industry Insurance v. NesterAppellate Division of the Supreme Court of the State of New York · 1996
  5. Mirochnik v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1996

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