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Prudential Property & Casualty Insurance v. Farm Family Mutual Insurance

Citations: 231 A.D.2d 724; 647 N.Y.S.2d 994; 1996 N.Y. App. Div. LEXIS 9788

Court: Appellate Division of the Supreme Court of the State of New York; September 30, 1996; New York; State Appellate Court

Narrative Opinion Summary

Farm Family Mutual Insurance Company appealed a judgment from the Supreme Court, Suffolk County, which had granted a petition to permanently stay arbitration under CPLR article 75. The appellate court reversed the judgment on legal grounds, dismissed the petition, and ordered the parties to proceed to arbitration. This decision was supported by a prior case, Matter of New York Cent. Mut. Fire Ins. Co. v Farm Family Mut. Ins. Co. The ruling was agreed upon by Justices Miller, Pizzuto, Joy, and McGinity. A bill of costs was awarded to the appellant.

Legal Issues Addressed

Arbitration Proceedings under CPLR Article 75

Application: The appellate court determined that arbitration proceedings should not be permanently stayed, thereby allowing the parties to proceed to arbitration.

Reasoning: The appellate court reversed the judgment on legal grounds, dismissed the petition, and ordered the parties to proceed to arbitration.

Awarding of Costs on Appeal

Application: The appellate court awarded a bill of costs to the appellant, compensating them for expenses incurred during the appeal.

Reasoning: A bill of costs was awarded to the appellant.

Precedential Support in Arbitration Decisions

Application: The decision to reverse the judgment and proceed to arbitration was supported by a prior case, which provided legal precedent for the ruling.

Reasoning: This decision was supported by a prior case, Matter of New York Cent. Mut. Fire Ins. Co. v Farm Family Mut. Ins. Co.