In re the Arbitration between Allstate Insurance & American Manufacturers Mutual Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allstate Insurance & American Manufacturers Mutual Insurance

309 A.D.2d 1183, 765 N.Y.S.2d 294, 2003 N.Y. App. Div. LEXIS 10119

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

DecidedOctober 2, 2003

StatusPublished

This text of 309 A.D.2d 1183 (In re the Arbitration between Allstate Insurance & American Manufacturers 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

In re the Arbitration between Allstate Insurance & American Manufacturers Mutual Insurance, 309 A.D.2d 1183, 765 N.Y.S.2d 294, 2003 N.Y. App. Div. LEXIS 10119 (N.Y. Ct. App. 2003).

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Opinion

Appeal from an order of Supreme Court, Livingston County (Cicoria, J.), entered December 6, 2002, which denied petitioner’s motion to vacate an arbitration award in favor of respondent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Petitioner appeals from an order denying its motion to vacate an arbitration award in favor of respondent on the ground that petitioner’s counsel was not given notice of the time and place of the arbitration hearing (see CPLR 7506 [b]). We affirm. Petitioner previously had been served in the same manner with four other hearing notices, i.e., through its representative listed on the arbitrator’s application form, and the record establishes that petitioner’s counsel received all four prior notices without objection. Thus, petitioner waived any procedural defect with respect to the manner of service of the instant hearing notice (see 7506 [f]; 7511 [b] [1] [iv]; see also Wally v Cameron Indus., 179 AD2d 548 [1992], lv denied 80 NY2d 754 [1992]; Matter of Standard Steel Section v Royal Guard Fence Co., 62 AD2d 1040 [1978], lv denied 45 NY2d 707 [1978]). Present — Green, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.

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Appeal from an order of Supreme Court, Livingston County (Cicoria, J.), entered December 6, 2002, which denied petitioner’s motion to vacate an arbitration award in favor of respondent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Petitioner appeals from an order denying its motion to vacate an arbitration award in favor of respondent on the ground that petitioner’s counsel was not given notice of the time and place of the arbitration hearing (see CPLR 7506 [b]). We affirm. Petitioner previously had been served in the same manner with four other hearing notices, i.e., through its representative listed on the arbitrator’s application form, and the record establishes that petitioner’s counsel received all four prior notices without objection. Thus, petitioner waived any procedural defect with respect to the manner of service of the instant hearing notice (see 7506 [f]; 7511 [b] [1] [iv]; see also Wally v Cameron Indus., 179 AD2d 548 [1992], lv denied 80 NY2d 754 [1992]; Matter of Standard Steel Section v Royal Guard Fence Co., 62 AD2d 1040 [1978], lv denied 45 NY2d 707 [1978]). Present — Green, J.P., Hurlbutt, Gorski, Lawton and Hayes, JJ.

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309 A.D.2d 1183, 765 N.Y.S.2d 294, 2003 N.Y. App. Div. LEXIS 10119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-allstate-insurance-american-manufacturers-nyappdiv-2003.

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