Aetna Casualty & Surety Co. v. Cebularz

Appellate Division of the Supreme Court of New York

Aetna Casualty & Surety Co. v. Cebularz

191 A.D.2d 690, 595 N.Y.S.2d 536, 1993 N.Y. App. Div. LEXIS 3087

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 29, 1993

StatusPublished

Cited by3 cases

This text of 191 A.D.2d 690 (Aetna Casualty & Surety Co. v. Cebularz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aetna Casualty & Surety Co. v. Cebularz, 191 A.D.2d 690, 595 N.Y.S.2d 536, 1993 N.Y. App. Div. LEXIS 3087 (N.Y. Ct. App. 1993).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Collins, J.), entered February 22, 1991, which denied its application to vacate the arbitration award and granted the respondent’s cross motion to confirm the award.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The appellant waived its contention that the arbitrator exceeded his authority by making an award to the respondent after the limits of the uninsured endorsement had been previously exhausted. This ground should have been raised in an application to stay arbitration (see, CPLR 7503). Although such a proceeding was commenced, it was withdrawn as untimely and, moreover, was not based on the ground that the arbitrator had no authority to proceed. Inasmuch as this contention is the sole basis for the present appeal, the judgment must be affirmed (see, Matter of Silverman [Benmor Coats], 61 NY2d 299, 309; Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582-583). Balletta, J. P., Miller, Ritter and Santucci, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Collins, J.), entered February 22, 1991, which denied its application to vacate the arbitration award and granted the respondent’s cross motion to confirm the award.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The appellant waived its contention that the arbitrator exceeded his authority by making an award to the respondent after the limits of the uninsured endorsement had been previously exhausted. This ground should have been raised in an application to stay arbitration (see, CPLR 7503). Although such a proceeding was commenced, it was withdrawn as untimely and, moreover, was not based on the ground that the arbitrator had no authority to proceed. Inasmuch as this contention is the sole basis for the present appeal, the judgment must be affirmed (see, Matter of Silverman [Benmor Coats], 61 NY2d 299, 309; Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582-583). Balletta, J. P., Miller, Ritter and Santucci, JJ., concur.

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191 A.D.2d 690, 595 N.Y.S.2d 536, 1993 N.Y. App. Div. LEXIS 3087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-casualty-surety-co-v-cebularz-nyappdiv-1993.

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