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MATTER OF COMMERCE & INDUS. INS. CO. v. NESTER

230 A.D.2d 795 (1996)

646 N.Y.S.2d 527

In the Matter of Commerce and Industry Insurance Company, Appellant, v. Suzanne Nester, Respondent

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

August 12, 1996

Ordered that the appeal is dismissed, without costs or disbursements.

The appellant participated in the arbitration following the Supreme Court's denial of its application for a stay, and it has therefore forfeited its right to appellate review of the Supreme Court's judgment (see, Matter of Beagle [MVAIC], 19 N.Y.2d 834; Matter of State Farm Mut. Auto. Ins. Co. v Blumen, 221 A.D.2d 548

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