[DOWNLOAD] "Cologne Life Reinsurance Co. v. Zurich Reinsurance" by Appellate Division Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: Cologne Life Reinsurance Co. v. Zurich Reinsurance
• Author : Appellate Division Supreme Court of New York
• Release Date : January 06, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Respondent appeals from a judgment of the Supreme Court, New York County (Walter Tolub, J.), entered September 27, 2000, which granted petitioners' application for a permanent stay of arbitration. This case began as a question of whether the dispute between the parties to an agreement was arbitrable pursuant to that agreement. The IAS court granted petitioners' application for a permanent stay of arbitration and this appeal ensued. Although the arbitrability issue was mooted by respondent-appellant's withdrawal of its demand for arbitration, the question that remains at this stage is the underlying question of the enforceability of the agreement. We therefore convert this proceeding for a stay of arbitration into an action for a declaratory judgment and remand for further proceedings in accordance with this opinion. A review of the merits persuades us that there are issues of fact warranting a trial of the enforceability question.

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