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Case Summary

Factual and Procedural Background

This matter arises from an arbitration between Allstate Insurance Company (Respondent) and Ruth Frank et al. (Appellants). The appeal to the Court of Appeals followed proceedings in the Appellate Division of the Supreme Court, Second Judicial Department. The Supreme Court, Nassau County, had entered an order denying a stay of arbitration; the Court of Appeals reversed the Appellate Division and reinstated the Supreme Court's order. Counsel of record are Edward Wooster and Gerald P. Halpern for appellants, and Philip H. Weinberg, Benjamin Purvin and John F. Morrison for respondent. The opinion was argued May 2, 1978, and decided June 6, 1978. The opinion notes concurrence by Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Allstate Ins. Co. v Gross, 27 N.Y.2d 263, 269-270 The opinion references this decision; no statutory rule or principle is elaborated in the text. Cited in connection with the Court's action reinstating the Supreme Court's order denying a stay of arbitration.

Court's Reasoning and Analysis

The opinion is a brief order without extended analysis. The Court reversed the Appellate Division's order, reinstating the Supreme Court, Nassau County's denial of a stay of arbitration, and cited Allstate Ins. Co. v Gross, 27 N.Y.2d 263, 269-270. No further reasoning or factual analysis is provided in the text.

Holding and Implications

Order reversed, with costs, and the order of Supreme Court, Nassau County, denying stay of arbitration reinstated.

Implications: The direct effect is that the Supreme Court's denial of a stay of arbitration remains in force between the parties. The opinion does not discuss broader precedential consequences; no new precedent is articulated in the text.

In the Matter of the Arbitration between ALLSTATE INSURANCE COMPANY, Respondent, and RUTH FRANK et al., Appellants.

Order reversed, with costs, and the order of Supreme Court, Nassau County, denying stay of arbitration reinstated (see Allstate Ins. Co. v Gross, 27 N.Y.2d 263, 269-270).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

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Comments

MATTER OF ALLSTATE INSURANCE COMPANY, FRANK
(Jun 6, 1978)