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Matter of Royal Indemnity Company v. McMahon

Appellate Division of the Supreme Court of New York, First Department
May 19, 1960
10 A.D.2d 926 (N.Y. App. Div. 1960)

Opinion

May 19, 1960


Order denying petitioner's application to stay arbitration unanimously affirmed, with $20 costs and disbursements to respondent-respondent. (See Matter of Bankers Shippers Ins. Co. [ Schaefer], 10 A.D.2d 573, motion for leave to appeal denied 10 A.D.2d 625, 7 N.Y.2d 711; cf. Matter of Exchange Mut. Ins. Co. [ Scandura], 8 A.D.2d 799; semble, contra: Matter of American Nat. Fire Ins. Co. [ McCormack], 15 Misc.2d 692; Matter of Ross v. Hardware Mut. Cas. Co., 13 Misc.2d 739; Lowe v. Ocean Acc. Guar. Corp., 21 Misc.2d 1042.) Moreover, the insurer by its conduct, including participation in adjourning without reservation of rights the hearings for arbitration and the protracted delay, has waived any right to resist the arbitration.

Concur — Botein, P.J., Breitel, Rabin, Valente and Stevens, JJ.


Summaries of

Matter of Royal Indemnity Company v. McMahon

Appellate Division of the Supreme Court of New York, First Department
May 19, 1960
10 A.D.2d 926 (N.Y. App. Div. 1960)
Case details for

Matter of Royal Indemnity Company v. McMahon

Case Details

Full title:In the Matter of ROYAL INDEMNITY COMPANY, Appellant, against ROSANNA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 19, 1960

Citations

10 A.D.2d 926 (N.Y. App. Div. 1960)