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

Appellate Division of the Supreme Court of the State of New York·Decided November 14, 1977·Published·Cited by 2 cases

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.

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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