American Transit Insurance v. Ebrahim

Appellate Division of the Supreme Court of New York

American Transit Insurance v. Ebrahim

236 A.D.2d 274, 653 N.Y.S.2d 341, 1997 N.Y. App. Div. LEXIS 1253

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

DecidedFebruary 18, 1997

StatusPublished

Cited by3 cases

This text of 236 A.D.2d 274 (American Transit Insurance v. Ebrahim) 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

American Transit Insurance v. Ebrahim, 236 A.D.2d 274, 653 N.Y.S.2d 341, 1997 N.Y. App. Div. LEXIS 1253 (N.Y. Ct. App. 1997).

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Opinion

—Order, Supreme Court, New York County (Joan Lobis, J.), entered November 24, 1995, which denied petitioner insurer’s motion to vacate an arbitration award of uninsured motorist benefits, and granted respondent insured’s cross motion to confirm the award, unanimously affirmed, without costs.

[275]*275Pursuant to CPLR 7511, on a motion to vacate an arbitration award, the burden is upon the movant to show the award was irrational, in violation of public policy or in excess of the arbitrator’s powers. Petitioner has failed to meet its burden. In addition, respondent’s evidence showing that respondent was diagnosed with lumbar radiculopathy and had been unable to work for a period of five consecutive months is sufficient to support the arbitrator’s finding of a serious injury within the meaning of Insurance Law § 5102 (d). Concur—Milonas, J. P., Ellerin, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (Joan Lobis, J.), entered November 24, 1995, which denied petitioner insurer’s motion to vacate an arbitration award of uninsured motorist benefits, and granted respondent insured’s cross motion to confirm the award, unanimously affirmed, without costs.

[275]*275Pursuant to CPLR 7511, on a motion to vacate an arbitration award, the burden is upon the movant to show the award was irrational, in violation of public policy or in excess of the arbitrator’s powers. Petitioner has failed to meet its burden. In addition, respondent’s evidence showing that respondent was diagnosed with lumbar radiculopathy and had been unable to work for a period of five consecutive months is sufficient to support the arbitrator’s finding of a serious injury within the meaning of Insurance Law § 5102 (d). Concur—Milonas, J. P., Ellerin, Nardelli and Tom, JJ.

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Bluebook (online)

236 A.D.2d 274, 653 N.Y.S.2d 341, 1997 N.Y. App. Div. LEXIS 1253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-transit-insurance-v-ebrahim-nyappdiv-1997.

Opinion

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