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MTR OF AMERICAN HOME ASSUR

653079/2012.

39 Misc.3d 184 (2013)

958 N.Y.S.2d 870

2013 NY Slip Op 23012

In the Matter of the Petition for the Appointment of an Umpire in the Arbitration between AMERICAN HOME ASSURANCE COMPANY et al., Petitioners, and CLEARWATER INSURANCE COMPANY, Formerly Known as ODYSSEY REINSURANCE CORPORATION and Another, Respondent.

Supreme Court, New York County.

January 15, 2013.

Attorney(s) appearing for the Case

Sidley Austin, LLP, New York City ( Alan J. Sorkowitz of counsel), and Susan A. Stone , Chicago, Illinois, for petitioners. Rubin, Fiorella & Friedman LLP, New York City ( Bruce M. Friedman and Crystal Monahan of counsel), for respondent.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

Pursuant to CPLR 7504 and 9 USC § 5, petitioners seek appointment of an umpire (or a third arbitrator, as the case may be) to preside over arbitrations in accordance with three reinsurance treaties between petitioners and respondent. Respondent opposes the petition, and asserts, in the alternative, a "cross claim" requesting that any umpire (or third arbitrator, as the case may be) to be appointed be selected...

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