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MATTER OF OHIO CASUALTY INSURANCE COMPANY

303 A.D.2d 936 (2003)

757 N.Y.S.2d 398

In the Matter of the Arbitration between OHIO CASUALTY INSURANCE COMPANY, as Successor in Interest to Policy Pac 0848344 Issued by GREAT AMERICAN INSURANCE COMPANY and its Subsidiary AMERICAN ALLIANCE INSURANCE COMPANY, Appellant, and ARBITRATION FORUMS, INC., Respondent, and HARTFORD CASUALTY INSURANCE COMPANY et al., Respondents.

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

Decided March 21, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Supreme Court properly dismissed the petition seeking a stay of arbitration. By participating in the arbitration proceeding, i.e., by responding to claims and appearing at arbitration hearings without any reservation of rights, petitioner waived its right to a stay of arbitration (see CPLR 7503 [b]; Matter of North Riv. Ins...

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