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MATTER OF VANGUARD INS. CO.

23 A.D.2d 625 (1965)

In the Matter of the Arbitration between Vanguard Insurance Company, Appellant, and Chester Polchlopek et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 26, 1965

Order unanimously reversed, without costs of this appeal to any party, and motion granted, without costs.

Memorandum:

Appellant insurance company appeals from an order denying its motion to dismiss respondents' demand for arbitration. Although the notice of motion indicated it sought an order dismissing the demand, it is clear that the only available procedure was a motion to stay arbitration (CPLR 7503, subd. [b], formerly Civ. Prac. Act, § 1458, subd...

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