In re the Arbitration between Brown & State Farm Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Brown & State Farm Insurance

251 A.D.2d 1059, 673 N.Y.S.2d 346, 1998 N.Y. App. Div. LEXIS 7150

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

DecidedJune 10, 1998

StatusPublished

This text of 251 A.D.2d 1059 (In re the Arbitration between Brown & State Farm 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.

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In re the Arbitration between Brown & State Farm Insurance, 251 A.D.2d 1059, 673 N.Y.S.2d 346, 1998 N.Y. App. Div. LEXIS 7150 (N.Y. Ct. App. 1998).

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Opinion

—Order and judgment unanimously reversed on the law with costs, petition denied, motion granted and award confirmed. Memorandum: Supreme Court erred in modifying the arbitration award (see, CPLR 7511 [c]; Matter of Ververs & Schueller Co. [Emory Mach. & Tool Co.], 190 AD2d 1079). Whatever the merits of the contention of State Farm Insurance Company and State Farm Mutual Automobile Insurance Company (collectively, State Farm) that the arbitrator’s award should be reduced by the total amount of the workers’ compensation benefits that Robert Brown received, State Farm would not thereby be entitled to vacatur or modification of the award pursuant to CPLR 7511 (b) or (c) (see, Matter of Commerce & Indus. Ins. Co. v Nester, 90 NY2d 255, 265). (Appeal from Order [1060]*1060and Judgment of Supreme Court, Erie County, Glownia, J.— Arbitration.) Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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—Order and judgment unanimously reversed on the law with costs, petition denied, motion granted and award confirmed. Memorandum: Supreme Court erred in modifying the arbitration award (see, CPLR 7511 [c]; Matter of Ververs & Schueller Co. [Emory Mach. & Tool Co.], 190 AD2d 1079). Whatever the merits of the contention of State Farm Insurance Company and State Farm Mutual Automobile Insurance Company (collectively, State Farm) that the arbitrator’s award should be reduced by the total amount of the workers’ compensation benefits that Robert Brown received, State Farm would not thereby be entitled to vacatur or modification of the award pursuant to CPLR 7511 (b) or (c) (see, Matter of Commerce & Indus. Ins. Co. v Nester, 90 NY2d 255, 265). (Appeal from Order [1060]*1060and Judgment of Supreme Court, Erie County, Glownia, J.— Arbitration.) Present — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.

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251 A.D.2d 1059, 673 N.Y.S.2d 346, 1998 N.Y. App. Div. LEXIS 7150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-brown-state-farm-insurance-nyappdiv-1998.

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