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TOWN OF AMHERST v. GRANITE STATE INS. CO., INC.

No. 64.

29 N.Y.3d 1016 (2017)

77 N.E.3d 357

54 N.Y.S.3d 639

2017 NY Slip Op 04321

TOWN OF AMHERST, Appellant, v. GRANITE STATE INSURANCE COMPANY, INC., Respondent.

Court of Appeals of New York.

Decided June 1, 2017.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( John G. Schmidt, Jr. and Nicolas J. Rotsko of counsel), for appellant.

Kaufman Dolowich & Voluck, LLP, New York City ( Marc S. Voses and Jeffrey S. Matty of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, GARCIA and WILSON concur; Judge STEIN dissents in an opinion; Judge FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs. Under the facts of this case, including the terms of the parties' insurance policy, which incorporated the rules of the American Arbitration Association, the issue of whether the later agreement between the parties affected the arbitrability of the dispute should be resolved by the arbitrator (see Matter of Cassone,

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