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COLOGNE LIFE REINS. v. ZURICH

286 A.D.2d 118 (2001)

730 N.Y.S.2d 61

In the Matter of COLOGNE LIFE REINSURANCE COMPANY et al., Respondents, v. ZURICH REINSURANCE (NORTH AMERICA), INC., Appellant.

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

September 6, 2001.

Attorney(s) appearing for the Case

Clifford H. Schoenberg of counsel, New York City (Cadwalader, Wickersham & Taft, attorneys), for Cologne Life Reinsurance Company and another, respondents.

Steven R. Schindler of counsel, New York City (Schindler Cohen & Hochman, L. L. P., attorneys), for Lincoln National Life Insurance Company, respondent.

E. Paul Kanefsky of counsel, New York City (Edwards & Angell, L. L. P., attorneys), for Phoenix Home Life Mutual Insurance Company, respondent.

Thorn Rosenthal of counsel, New York City (John H. de Boisblanc and Joel Kurtzberg on the brief; Cahill Gordon & Reindel, attorneys), for appellant.

WILLIAMS, J. P., LERNER, SAXE and BUCKLEY, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

This case began as a question of whether the dispute between the parties to an agreement was arbitrable pursuant to that agreement. The IAS court granted petitioners' application for a permanent stay of arbitration and this appeal ensued. Although the arbitrability issue was mooted by respondent-appellant's withdrawal of its demand for arbitration, the question that remains at this stage is the underlying question of the...

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