In re the Arbitration between Shannon & Liberty Mutual Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Shannon & Liberty Mutual Insurance

236 A.D.2d 231, 653 N.Y.S.2d 335, 1997 N.Y. App. Div. LEXIS 899

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

DecidedFebruary 6, 1997

StatusPublished

Cited by2 cases

This text of 236 A.D.2d 231 (In re the Arbitration between Shannon & Liberty Mutual 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 Shannon & Liberty Mutual Insurance, 236 A.D.2d 231, 653 N.Y.S.2d 335, 1997 N.Y. App. Div. LEXIS 899 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, New York County (Carol Arber, J.), entered October 31,1995, awarding petitioner the principal sum of $75,000 and bringing up for review an order of the same court and Justice, entered October 4, 1995, which, inter alia, granted petitioner’s motion to [232]*232confirm an arbitrator’s award, unanimously affirmed, with costs.

Respondent, having participated in the arbitration proceeding, cannot now contest the authority of the arbitrator to determine the very issue submitted. Since respondent has not established that the arbitrator’s award was " 'completely irrational’ ”, the IAS Court properly confirmed the award (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582-583). Respondent’s remaining contentions are without merit. Concur—Wallach, J. P., Nardelli, Williams and Tom, JJ.

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—Judgment, Supreme Court, New York County (Carol Arber, J.), entered October 31,1995, awarding petitioner the principal sum of $75,000 and bringing up for review an order of the same court and Justice, entered October 4, 1995, which, inter alia, granted petitioner’s motion to [232]*232confirm an arbitrator’s award, unanimously affirmed, with costs.

Respondent, having participated in the arbitration proceeding, cannot now contest the authority of the arbitrator to determine the very issue submitted. Since respondent has not established that the arbitrator’s award was " 'completely irrational’ ”, the IAS Court properly confirmed the award (Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 582-583). Respondent’s remaining contentions are without merit. Concur—Wallach, J. P., Nardelli, Williams and Tom, JJ.

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Bluebook (online)

236 A.D.2d 231, 653 N.Y.S.2d 335, 1997 N.Y. App. Div. LEXIS 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-shannon-liberty-mutual-insurance-nyappdiv-1997.

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