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MATTER OF DE MARTINEZ v. HOME INDEM. CO.

240 A.D.2d 575 (1997)

659 N.Y.S.2d 892

In the Matter of Pureza I. De Martinez, Respondent, v. Home Indemnity Company, Appellant

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

June 16, 1997

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the proceeding is dismissed.

The appellant insurance carrier did not participate in an arbitration hearing because of its concern that its participation in the arbitration, even though unwilling, might serve as a waiver of its objection to the arbitrability of the claim (see, Matter of Beagle [MVAIC], 19 N.Y.2d 834

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