MATTER OF INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY v. PARDON


270 A.D.2d 266 (2000)

704 N.Y.S.2d 834

In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant, v. ROBERT PARDON, Respondent.

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

Decided March 6, 2000.


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

The Supreme Court properly denied that branch of the petition which was for a temporary stay of arbitration pending discovery. The petitioner had ample time prior to the commencement of the proceeding "within which to seek discovery of the respondent insured as provided for in the insurance policy, and unjustifiably failed to utilize that opportunity" to obtain the discovery...

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