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  5. 97 A.D.2d 374 (1983)
 

MATTER OF ALLCITY INS. CO.

97 A.D.2d 374 (1983)

In the Matter of the Arbitration between Allcity Insurance Company, Respondent, and Mildred Guy et al., Respondents, and Liberty Mutual Fire Insurance Company, Respondent-Appellant

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

October 13, 1983

The statutory vehicle for staying arbitration "may not be used to obtain jurisdiction over a nonparty" (Matter of American Security Ins. Co. v Stanley, 86 A.D.2d 834). Liberty Mutual was never properly served in this action and though it appeared specially, showing that it had actual notice, Trial Term's direction that it proceed to trial did not amount to an order of joinder under CPLR 1003. The trial that was held was not transcribed...

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