Summary
holding that "[b]y actively participating in the selection of the arbitrators and in adjourning the arbitration hearing without any reservation of rights" party "participated in arbitration proceeding" and thereby waived statutory right to stay of arbitration
Summary of this case from Adams v. BarrOpinion
May 20, 1996
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the proceeding is dismissed, and the parties are directed to proceed to arbitration.
By actively participating in the selection of the arbitrators and in adjourning the arbitration hearing without any reservation of rights, the petitioner Allstate Insurance Company participated in the arbitration proceeding. Consequently, its right to a stay of arbitration was waived ( see, CPLR 7503 [b]; Matter of Boston Old Colony Ins. Co. [Martin], 34 A.D.2d 776; Matter of Home Mut. Ins. Co. v. Springer, 130 A.D.2d 493; Matter of Carbone/Orbino Agency [Carbone], 210 A.D.2d 221, 222; Kidder, Peabody Co. v. Marvin, 161 Misc.2d 12, 16).
In light of the above conclusion, it is not necessary to address the parties' remaining contentions. Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.