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MATTER OF MATERIAL DAMAGE ADJUSTMENT CORP. v. ELIPHENE

261 A.D.2d 545 (1999)

690 N.Y.S.2d 601

In the Matter of MATERIAL DAMAGE ADJUSTMENT CORP. et al., Appellants, v. PIERRE L. ELIPHENE et al., Respondents.

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

Decided May 17, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The petitioners waived their contention that the arbitrator exceeded her power by proceeding with arbitration where coverage was disputed by failing to assert it either in their petition for a stay or in their motion to vacate the arbitration award (see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299<...

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