In re the Arbitration between Salvaggio, & McEwen

Appellate Division of the Supreme Court of New York

In re the Arbitration between Salvaggio, & McEwen

247 A.D.2d 875, 668 N.Y.S.2d 523, 1998 N.Y. App. Div. LEXIS 1202

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

DecidedFebruary 4, 1998

StatusPublished

Cited by2 cases

This text of 247 A.D.2d 875 (In re the Arbitration between Salvaggio, & McEwen) 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 Salvaggio, & McEwen, 247 A.D.2d 875, 668 N.Y.S.2d 523, 1998 N.Y. App. Div. LEXIS 1202 (N.Y. Ct. App. 1998).

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Opinion

Order unanimously reversed on the law without costs, motion dismissed and award reinstated. Memorandum: In this personal injury action, Supreme Court erred in granting the motion of defendant National School Bus Service, Inc., to vacate an arbitration award made in favor of Liberty Mutual Insurance Company (Liberty Mutual), which insured the vehicle operated by plaintiff at the time of the accident. While the court had subject matter jurisdiction over the motion (see, CPLR 7502 [a]), it did not have personal jurisdiction over Liberty Mutual, which was neither a party to the personal injury action nor served with process (see, Surdam v Vance, 160 AD2d 1142, 1143-1144). (Appeal from Order of Supreme Court, Monroe County, Kehoe, J. — Arbitration.)

Present — Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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Order unanimously reversed on the law without costs, motion dismissed and award reinstated. Memorandum: In this personal injury action, Supreme Court erred in granting the motion of defendant National School Bus Service, Inc., to vacate an arbitration award made in favor of Liberty Mutual Insurance Company (Liberty Mutual), which insured the vehicle operated by plaintiff at the time of the accident. While the court had subject matter jurisdiction over the motion (see, CPLR 7502 [a]), it did not have personal jurisdiction over Liberty Mutual, which was neither a party to the personal injury action nor served with process (see, Surdam v Vance, 160 AD2d 1142, 1143-1144). (Appeal from Order of Supreme Court, Monroe County, Kehoe, J. — Arbitration.)

Present — Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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247 A.D.2d 875, 668 N.Y.S.2d 523, 1998 N.Y. App. Div. LEXIS 1202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-salvaggio-mcewen-nyappdiv-1998.

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