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MATTER OF ROM REINS. MGT. CO., INC. v. CONTINENTAL INS. CO., INC.

15198N, 654480/12

128 A.D.3d 570 (2015)

8 N.Y.S.3d 569

2015 NY Slip Op 04398

In the Matter of ROM REINSURANCE MANAGEMENT COMPANY, INC., et al., Appellants, v. CONTINENTAL INSURANCE COMPANY, INC., as Successor to HARBOR INSURANCE COMPANY, Respondent.

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

Decided May 21, 2015.

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered January 22, 2015, denying the petition to stay arbitration on statute of limitations grounds, and dismissing the proceeding brought pursuant to CPLR article 75, unanimously affirmed, with costs.

Petitioners participated in the arbitrator selection process, even though they were undoubtedly aware of their statute of limitations claim. Under these circumstances, the court correctly determined that...

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