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MATTER OF INTERBORO MUTUAL INDEMNITY v. JOHNSON

273 A.D.2d 238 (2000)

709 N.Y.S.2d 833

In the Matter of INTERBORO MUTUAL INDEMNITY, Appellant, v. MARK JOHNSON et al., Respondents.

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

Decided June 5, 2000.

Ordered that the order is affirmed, with costs.

By participating in the arbitration proceeding instead of moving to temporarily stay it, the petitioner waived its right to seek a permanent stay of arbitration (see, CPLR 7503 [b]; Matter of Carbone/Orrino Agency [Carbone], 210 A.D.2d 221, 222; Matter of Interboro Mut. Indem. Ins. Co. v Betancourt, 187 A.D.2d 593; Simon-Equity...

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