Legal Opinion

In re the Arbitration between New York Central Mutual Fire Insurance & Szymaszek

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

Decided May 2, 2003Published

1Opinion of the Court

—Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered August 14, 2002, which denied the petition seeking a permanent stay of arbitration.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.

Memorandum: Supreme Court erred in denying the petition seeking a permanent stay of arbitration. Respondent Dorothy I. Szymaszek was injured in a motor vehicle accident on October 28, 1998. Respondents commenced a personal injury action on March 27, 2001 against the driver and owner of…

2Cases cited4 opinions

  1. Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
  2. In re the Arbitration between State Farm Mutual Automobile Insurance & HernandezAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re Arbitration between New York Central Mutual Fire Insurance & MooreAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re the Arbitration between Nationwide Insurance & SawbridgeAppellate Division of the Supreme Court of the State of New York · 2002

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