MATTER OF POVINELLI (ROYAL INS. CO.)


171 Misc.2d 826 (1997)

656 N.Y.S.2d 140

In the Matter of the Arbitration between George J. Povinelli et al., Petitioners, and Royal Insurance Company et al., Respondents.

Supreme Court, Erie County.

March 6, 1997


Attorney(s) appearing for the Case

Daniel L. Schoenborn, Buffalo, for petitioners. Charles G. DiPasquale, Buffalo, for respondents.


JOSEPH R. GLOWNIA, J.

This is a motion by petitioners for an order directing a nonjury trial on the issue of damages only relating to the underinsurance claim of the petitioners. Respondents oppose the motion upon the grounds that this court's jurisdiction has been divested and there is an action pending in the State of North Carolina involving essentially the same issues presented here.

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