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JORGE v. SUTTON

134 A.D.2d 573 (1987)

Youssef Jorge, Appellant, v. Kevin Sutton et al., Respondents

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

November 30, 1987

Ordered that the order is affirmed, with costs.

We find that the Supreme Court properly granted the defendants' motion to permanently stay arbitration. The record reveals that the plaintiff actively participated in this litigation by opposing the defendants' motion to dismiss for failure to meet the threshold requirement of physical injury after he had endorsed an agreement with the insurer of the defendants' vehicle to arbitrate the controversy. The plaintiff, however...

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