In re the Arbitration between James & Criterion Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between James & Criterion Insurance

59 A.D.2d 907, 399 N.Y.S.2d 142, 1977 N.Y. App. Div. LEXIS 14111

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

DecidedNovember 14, 1977

StatusPublished

Cited by2 cases

This text of 59 A.D.2d 907 (In re the Arbitration between James & Criterion 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 James & Criterion Insurance, 59 A.D.2d 907, 399 N.Y.S.2d 142, 1977 N.Y. App. Div. LEXIS 14111 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding to [908]*908confirm an arbitrator’s award, in which appellant cross-moved to vacate the award, the appeal is from a judgment of the Supreme Court, Kings County, entered January 12, 1977, which, inter alia, confirmed the award and denied the cross motion. Judgment affirmed, with $50 costs and disbursements. This proceeding is remitted to Special Term for a determination of petitioner’s attorney’s reasonable fee for the defense of this appeal (see Insurance Law, § 675, subd 1; 11 NYCRR 65.6 [g] [1]). The arbitrator’s finding that the vehicle which struck and injured petitioner-respondent was within the coverage of a policy of insurance issued by appellant was supported by the evidence; the award cannot be deemed irrational and, accordingly, was properly confirmed by Special Term (see Mount St. Mary’s Hosp. of Niagara Falls v Catherwood, 26 NY2d 493). Hargett, J. P., Rabin, Titone and Mollen, JJ., concur.

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In a proceeding to [908]*908confirm an arbitrator’s award, in which appellant cross-moved to vacate the award, the appeal is from a judgment of the Supreme Court, Kings County, entered January 12, 1977, which, inter alia, confirmed the award and denied the cross motion. Judgment affirmed, with $50 costs and disbursements. This proceeding is remitted to Special Term for a determination of petitioner’s attorney’s reasonable fee for the defense of this appeal (see Insurance Law, § 675, subd 1; 11 NYCRR 65.6 [g] [1]). The arbitrator’s finding that the vehicle which struck and injured petitioner-respondent was within the coverage of a policy of insurance issued by appellant was supported by the evidence; the award cannot be deemed irrational and, accordingly, was properly confirmed by Special Term (see Mount St. Mary’s Hosp. of Niagara Falls v Catherwood, 26 NY2d 493). Hargett, J. P., Rabin, Titone and Mollen, JJ., concur.

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Bluebook (online)

59 A.D.2d 907, 399 N.Y.S.2d 142, 1977 N.Y. App. Div. LEXIS 14111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-james-criterion-insurance-nyappdiv-1977.

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