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MATTER OF AMERICAN HOME ASSURANCE CO. v. DUBUISSON

291 A.D.2d 402 (2002)

736 N.Y.S.2d 889

In the Matter of AMERICAN HOME ASSURANCE CO., Respondent, v. AUGUSTIN DUBUISSON, Appellant, et al., Respondents.

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

Decided February 4, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was for a temporary stay of arbitration is denied, the motion is granted, and the proceeding is dismissed.

The petitioner purportedly served the notice of petition and petition before filing those papers and purchasing an index number. Since the petitioner did not properly commence the proceeding, the purported...

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