Windsor Group v. Gentilcore
Cases that cite this one
3 later published cases cite this decision.
- Matter of Palace Foods, LLC v. Fiber Gourmet, Inc. (Appellate Division of the Supreme Court of New York 2017)
- In re the Arbitration between New Hampshire Insurance & Bobak (Appellate Division of the Supreme Court of New York 2010)
- In re the Arbitration between Buffalo Professional Firefighters Ass'n, Local 282 & City of Buffalo (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CFLR article 75 to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated September 9, 2003, which, in effect, denied the petition, dismissed the proceeding, and directed the parties to proceed to arbitration.
Ordered that the appeal is dismissed, with costs payable to the respondent.
The parties participated in the arbitration which was the subject of this proceeding. The arbitration resulted in an award to the respondent. The petitioner did not seek interim relief from this court. Under these circumstances, the petitioner forfeited its right to appellate review of the Supreme Court’s determination and its appeal must be dismissed (see CPLR 7503 [b]; Matter of Commerce & Indus. Ins. Co. v Nester, 230 AD2d 795 [1996], affd 90 NY2d 255, 261-265 [1997]; Matter of Allstate Ins. Co. v Peterson, 226 AD2d 528 [1996]). Florio, J.P., Adams, Cozier and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.