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MATTER OF AETNA CAS. & SUR. CO. v. DAWSON

84 A.D.2d 708 (1981)

In the Matter of Aetna Casualty & Surety Company, Appellant, v. Mildred Dawson et al., Respondents

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

November 17, 1981

While we agree with the denial, without a hearing, of petitioner's application to stay arbitration, we find no justification for the award of counsel fees to respondents. Special Term's reliance upon Mighty Midgets v Centennial Ins. Co. (47 N.Y.2d 12) as authority for the award is misplaced. As that court itself noted (pp 21-22) "[I]t has now long been the universal rule in this country...

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