Aetna Casualty & Surety Co. v. Dawson

Judgment, Supreme Court, New York County (Greenfield, J.), entered May 8, 1981, which denied petitioner’s appli*709cation to stay arbitration and directed petitioner to pay respondents counsel fees in the sum of $500 modified, on the law, without costs or disbursements, to strike the provision for counsel fees and, except as thus modified, affirmed. While we agree with the denial, without a hearing, of petitioner’s application to stay arbitration, we find no justification for the award of counsel fees to respondents. Special Term’s reliance upon Mighty Midgets v Centennial Ins. Co. (47 NY2d 12)…