Appellate Division of the Supreme Court of New York, 1999

Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc.

Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc.
Appellate Division of the Supreme Court of New York · Decided April 5, 1999
260 A.D.2d 386; 687 N.Y.S.2d 690; 1999 N.Y. App. Div. LEXIS 3557
Tucker Anthony, Inc. v. Blunt, Ellis & Loew, Inc.

Opinion of the Court

β€”In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioners appeal from an order of the Supreme Court, Nassau County (Phelan, J.), entered January 2, 1998, which denied the petition.

Ordered that the order is affirmed, with costs.

We agree that the petitioners participated in the arbitration process thereby manifesting a preference clearly inconsistent with their present effort to stay arbitration (cf, De Sapio v Kohlmeyer, 35 NY2d 402, 405). Bracken, J. P., Sullivan, Altman and Friedmann, JJ., concur.

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