Legal Opinion
In re the Arbitration between Allstate Insurance & Schlueter
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1999No. Appeal No. 2Published
1Opinion of the Court
*1099Supreme Court. This appeal from a judgment entered upon an order confirming an arbitration award brings up for review any nonfinal judgments or orders that necessarily affect the final judgment (see, CPLR 5501 [a] [1]). The issue of arbitrability, however, was decided on the petition to stay arbitration (see, CPLR 7503 [b]), and the order dismissing that petition was final (see, Matter of Barnes [Council 82, AFSCME—Monroe], 246 AD2d 755, 756; Matter of Barnes [Council 82, AFSCME—Monroe], 235 AD2d 826; see also, Flanagan v Prudential-Bache Sec., 67 NY2d 500, 505, n 2, cert denied 479 US 931).…
2Cases cited5 opinions
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
- Flanagan v. Prudential-Bache Securities, Inc.New York Court of Appeals · 1986
- Commerce & Industry Insurance v. NesterNew York Court of Appeals · 1997
- In re the Arbitration between Barnes & Council 82, AFSCMEAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Arbitration between Barnes & Council 82, AFSCMEAppellate Division of the Supreme Court of the State of New York · 1998