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


219 A.D.2d 708 (1995)

631 N.Y.S.2d 438

In the Matter of Aetna Casualty & Surety Company, Respondent, v. Jose Bonilla, Appellant

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

September 25, 1995


Ordered that the judgment is reversed, with costs, and the proceeding is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

Two arguments were raised in the Supreme Court in connection with the petition to permanently stay arbitration. The first, raised by the petitioner, was that an earlier arbitration proceeding between the parties barred the instant proceeding. The second, raised by Jose Bonilla in his answer to the petition...

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