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COMMERCE & INDUS CO v. NESTER

90 N.Y.2d 255 (1997)

682 N.E.2d 967

660 N.Y.S.2d 366

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

Court of Appeals of the State of New York.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Fiedelman & Hoefling, Jericho (Andrew Zajac of counsel), for appellant in the first and second above-entitled proceedings.

Elovich & Adell, Long Beach (A. Trudy Adell and Mitchell Sommer of counsel), for respondent in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

These appeals require this Court to decide whether a party loses its opportunity for appellate review of the denial of an application to stay arbitration under CPLR article 75 when it participates in an arbitration without seeking an interim stay of the effectuation of the denial order. We answer the question in the affirmative.

These proceedings arise out of a dispute concerning insurance...

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