Commerce & Industry Insurance v. Nester

Appellate Division of the Supreme Court of New York

Commerce & Industry Insurance v. Nester

227 A.D.2d 556, 643 N.Y.S.2d 379, 1996 N.Y. App. Div. LEXIS 5341

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

DecidedMay 20, 1996

StatusPublished

Cited by4 cases

This text of 227 A.D.2d 556 (Commerce & Industry Insurance v. Nester) 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

Commerce & Industry Insurance v. Nester, 227 A.D.2d 556, 643 N.Y.S.2d 379, 1996 N.Y. App. Div. LEXIS 5341 (N.Y. Ct. App. 1996).

Pincite

Opinion

In a proceeding to confirm an arbitrator’s award, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCabe, J.), entered June 28, 1995, which, upon confirmation of the award, was in favor of Suzanne Nester and against it in the principal sum of $1,000,000.

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

[557]*557The absence of an agreement to arbitrate is not a basis upon which either a person who has been served with a notice of intent to arbitrate or a person who has participated in arbitration, may seek to have the award vacated (see, CPLR 7511 [b] [1], [2] [ii]; Crum & Forster Commercial Ins. v Yakar, 208 AD2d 833). Balletta, J. P., Copertino, Santucci and Hart, JJ., concur.

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In a proceeding to confirm an arbitrator’s award, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCabe, J.), entered June 28, 1995, which, upon confirmation of the award, was in favor of Suzanne Nester and against it in the principal sum of $1,000,000.

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

[557]*557The absence of an agreement to arbitrate is not a basis upon which either a person who has been served with a notice of intent to arbitrate or a person who has participated in arbitration, may seek to have the award vacated (see, CPLR 7511 [b] [1], [2] [ii]; Crum & Forster Commercial Ins. v Yakar, 208 AD2d 833). Balletta, J. P., Copertino, Santucci and Hart, JJ., concur.

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Bluebook (online)

227 A.D.2d 556, 643 N.Y.S.2d 379, 1996 N.Y. App. Div. LEXIS 5341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commerce-industry-insurance-v-nester-nyappdiv-1996.

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