Cohen v. Empire Mutual Insurance

Appellate Division of the Supreme Court of New York

Cohen v. Empire Mutual Insurance

236 A.D.2d 393, 654 N.Y.S.2d 321, 1997 N.Y. App. Div. LEXIS 1041

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

DecidedFebruary 3, 1997

StatusPublished

This text of 236 A.D.2d 393 (Cohen v. Empire Mutual Insurance) 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

Cohen v. Empire Mutual Insurance, 236 A.D.2d 393, 654 N.Y.S.2d 321, 1997 N.Y. App. Div. LEXIS 1041 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated May 16, 1995, the petitioner appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated January 24, 1996, which denied the petition and granted the respondent’s cross motion to dismiss the proceeding.

Ordered that the order is modified by adding a provision thereto confirming the arbitration award pursuant to CPLR 7511 (e); as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the petition to vacate the arbitration award. The award was not irrational, and the petitioner has not demonstrated any basis for vacatur (see, Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207, 210; Matter of Bamond [Nationwide Mut. Ins. Co.], 75 AD2d 812, 813, affd 52 NY2d 957). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.

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

—In a proceeding pursuant to CPLR article 75 to vacate an arbitration award dated May 16, 1995, the petitioner appeals from an order of the Supreme Court, Kings County (Feinberg, J.), dated January 24, 1996, which denied the petition and granted the respondent’s cross motion to dismiss the proceeding.

Ordered that the order is modified by adding a provision thereto confirming the arbitration award pursuant to CPLR 7511 (e); as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the petition to vacate the arbitration award. The award was not irrational, and the petitioner has not demonstrated any basis for vacatur (see, Matter of Petrofsky [Allstate Ins. Co.], 54 NY2d 207, 210; Matter of Bamond [Nationwide Mut. Ins. Co.], 75 AD2d 812, 813, affd 52 NY2d 957). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

236 A.D.2d 393, 654 N.Y.S.2d 321, 1997 N.Y. App. Div. LEXIS 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-empire-mutual-insurance-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack