In Re the Arbitration Between Neirs-Folkes, Inc. & Drake Insurance

New York Court of Appeals

In Re the Arbitration Between Neirs-Folkes, Inc. & Drake Insurance

425 N.E.2d 875, 53 N.Y.2d 1038, 442 N.Y.S.2d 487, 1981 N.Y. LEXIS 2563

New York Court of Appeals·Decided June 11, 1981·Published·Cited by 12 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On this record, it is unnecessary to reach appellant’s argument that it would violate public policy to uphold the award of damages because petitioner was not licensed to act as an insurance agent in New York. The licensing issue was raised before the arbitration panel, and whether petitioner had indeed acted as an insurance agent in the State was a question for that tribunal to resolve. As evidenced by the dissenting arbitrator’s opinion, the majority of the arbitrators must have considered the question and determined that petitioner had not acted as an insurance agent in this State. This court may not now review that determination for legal or factual error.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On this record, it is unnecessary to reach appellant’s argument that it would violate public policy to uphold the award of damages because petitioner was not licensed to act as an insurance agent in New York. The licensing issue was raised before the arbitration panel, and whether petitioner had indeed acted as an insurance agent in the State was a question for that tribunal to resolve. As evidenced by the dissenting arbitrator’s opinion, the majority of the arbitrators must have considered the question and determined that petitioner had not acted as an insurance agent in this State. This court may not now review that determination for legal or factual error.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

In Re the Arbitration Between Neirs-Folkes, Inc. & Drake Insurance, 425 N.E.2d 875, 53 N.Y.2d 1038, 442 N.Y.S.2d 487, 1981 N.Y. LEXIS 2563 (N.Y. 1981).

Pincite

425 N.E.2d 875 (In Re the Arbitration Between Neirs-Folkes, Inc. & Drake Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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