Home/Appellate Division of the Supreme Court of New York/In re the Arbitration between Eagle Insurance & National Union Fire Insurance Co. of Pennsylvania

In re the Arbitration between Eagle Insurance & National Union Fire Insurance Co. of Pennsylvania

202 A.D.2d 273, 608 N.Y.S.2d 655
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 15, 1994
StatusPublished
Cited by3 cases

This text of 202 A.D.2d 273 (In re the Arbitration between Eagle Insurance & National Union Fire Insurance Co. of Pennsylvania) 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 Eagle Insurance & National Union Fire Insurance Co. of Pennsylvania, 202 A.D.2d 273, 608 N.Y.S.2d 655 (N.Y. Ct. App. 1994).

Opinion

—Judgment, Supreme Court, Nassau County (Howard Levitt, J.), entered March 6, 1992, which denied petitioner’s application to confirm the arbitration award dated October 15, 1990, unanimously affirmed, with costs.

The award dated October 15, 1990, rendered on respondent’s default in appearing at the arbitration hearing, should be vacated for "failure to follow the procedure of this article” (CPLR 7511 [b] [1] [iv]; [2] [i]) with respect to notice (CPLR 7506 [b]), given the insistence of the arbitration forum that it failed to give respondent notice of the hearing in accordance with Insurance Department regulations, and that its award is therefore "void”. Concur — Rosenberger, J. P., Asch, Rubin, Williams and Tom, JJ.

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Bluebook (online)
202 A.D.2d 273, 608 N.Y.S.2d 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-eagle-insurance-national-union-fire-nyappdiv-1994.