In re the Arbitration between Hogan & Nationwide Property & Casualty Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Hogan & Nationwide Property & Casualty Insurance

106 A.D.3d 1536, 964 N.Y.S.2d 454

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

DecidedMay 3, 2013

StatusPublished

This text of 106 A.D.3d 1536 (In re the Arbitration between Hogan & Nationwide Property & Casualty 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 Hogan & Nationwide Property & Casualty Insurance, 106 A.D.3d 1536, 964 N.Y.S.2d 454 (N.Y. Ct. App. 2013).

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Opinion

— Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J), entered April 30, 2012 in a proceeding pursuant to CPLR article 75. The order denied petitioner’s application to vacate the arbitration award.

It is hereby ordered that the order so appealed from is unanimously modified on the law by confirming the arbitration award and as modified the order is affirmed without costs.

Memorandum: We conclude, for reasons stated in the decision at Supreme Court, that the court properly determined that petitioner was not entitled to vacatur of the arbitration award. We note, however, that the court erred in failing to confirm the award pursuant to CPLR 7511 (e), and we therefore modify the order accordingly. Present — Scudder, PJ., Peradotto, Sconiers, Valentino and Martoche, JJ.

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— Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J), entered April 30, 2012 in a proceeding pursuant to CPLR article 75. The order denied petitioner’s application to vacate the arbitration award.

It is hereby ordered that the order so appealed from is unanimously modified on the law by confirming the arbitration award and as modified the order is affirmed without costs.

Memorandum: We conclude, for reasons stated in the decision at Supreme Court, that the court properly determined that petitioner was not entitled to vacatur of the arbitration award. We note, however, that the court erred in failing to confirm the award pursuant to CPLR 7511 (e), and we therefore modify the order accordingly. Present — Scudder, PJ., Peradotto, Sconiers, Valentino and Martoche, JJ.

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Bluebook (online)

106 A.D.3d 1536, 964 N.Y.S.2d 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-hogan-nationwide-property-casualty-nyappdiv-2013.