Califra v. Fireman's Fund Insurance

Appellate Division of the Supreme Court of New York

Califra v. Fireman's Fund Insurance

124 A.D.2d 484, 507 N.Y.S.2d 828, 1986 N.Y. App. Div. LEXIS 61809

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 1986·Published·Cited by 1 cases

Opinion

On November 17, 1977, petitioner was in an automobile [485]*485accident. A problem relating to no-fault payments led to arbitration and an award. By notice dated August 30, 1985, petitioner began this CPLR article 75 proceeding to modify the award. Respondent insurance company opposed modification. The petition was denied. Looking to Insurance Law § 5106 (c), the court stated, "an award by an arbitrator for the payment of first party benefits shall be binding except where vacated or modified by a master arbitrator.”

All parties to the appeal now agree section 5106 (c) does not apply to a pre-December 1, 1977 accident. (See, L 1977, ch 892, § 17.) Therefore, without passing on the merits, we reverse the order denying the petition and remand to the Supreme Court for review on the merits. Concur — Murphy, P. J., Kupferman, Milonas, Rosenberger and Ellerin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

On November 17, 1977, petitioner was in an automobile [485]*485accident. A problem relating to no-fault payments led to arbitration and an award. By notice dated August 30, 1985, petitioner began this CPLR article 75 proceeding to modify the award. Respondent insurance company opposed modification. The petition was denied. Looking to Insurance Law § 5106 (c), the court stated, "an award by an arbitrator for the payment of first party benefits shall be binding except where vacated or modified by a master arbitrator.”

All parties to the appeal now agree section 5106 (c) does not apply to a pre-December 1, 1977 accident. (See, L 1977, ch 892, § 17.) Therefore, without passing on the merits, we reverse the order denying the petition and remand to the Supreme Court for review on the merits. Concur — Murphy, P. J., Kupferman, Milonas, Rosenberger and Ellerin, JJ.

Califra v. Fireman's Fund Insurance, 124 A.D.2d 484, 507 N.Y.S.2d 828, 1986 N.Y. App. Div. LEXIS 61809 (N.Y. Ct. App. 1986).

Pincite

124 A.D.2d 484 (Califra v. Fireman's Fund Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related