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MATTER OF WORCESTER INS. CO. v. SAURO

251 A.D.2d 509 (1998)

673 N.Y.S.2d 590

In the Matter of Worcester Insurance Company, Respondent, v. Anthony Sauro et al., Appellants

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

June 15, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petitioner's application to permanently stay arbitration in this matter. The appellants, Anthony Sauro and Christine Sauro, waived their right to arbitrate the issue of their entitlement to damages under the uninsured motorist coverage in their policy with the petitioner by commencing an action sounding in breach of contract (see, Sherrill v Grayco Bldrs., ...

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