McNulty v. Allstate Insurance

Appellate Division of the Supreme Court of New York

McNulty v. Allstate Insurance

102 A.D.2d 815, 476 N.Y.S.2d 489, 1984 N.Y. App. Div. LEXIS 18985

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

DecidedJune 4, 1984

StatusPublished

This text of 102 A.D.2d 815 (McNulty v. Allstate 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.

Bluebook

McNulty v. Allstate Insurance, 102 A.D.2d 815, 476 N.Y.S.2d 489, 1984 N.Y. App. Div. LEXIS 18985 (N.Y. Ct. App. 1984).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75 to vacate an award of a master arbitrator which vacated an award of an arbitrator, petitioner appeals from a judgment of the Supreme Court, Westchester County (Buell, J.), entered April 1, 1983, which dismissed the proceeding, f Judgment reversed, on the law, with costs, petition granted, and the award of the arbitrator is reinstated. 11 “The question of the admissibility of evidence involves a procedural issue, and the master arbitrator’s differing view regarding this issue is an insufficient basis for vacating an arbitrator’s award” (Matter of Mott [State Farm Ins. Co.], 55 NY2d 224, 232). Matter of Smith (Fireman’s Ins. Co.) (55 NY2d 224), a companion case to Matter of Mott (supra), is distinguishable on its facts and does not compel a contrary result. Titone, J. P., Mangano, Gibbons and Brown, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to vacate an award of a master arbitrator which vacated an award of an arbitrator, petitioner appeals from a judgment of the Supreme Court, Westchester County (Buell, J.), entered April 1, 1983, which dismissed the proceeding, f Judgment reversed, on the law, with costs, petition granted, and the award of the arbitrator is reinstated. 11 “The question of the admissibility of evidence involves a procedural issue, and the master arbitrator’s differing view regarding this issue is an insufficient basis for vacating an arbitrator’s award” (Matter of Mott [State Farm Ins. Co.], 55 NY2d 224, 232). Matter of Smith (Fireman’s Ins. Co.) (55 NY2d 224), a companion case to Matter of Mott (supra), is distinguishable on its facts and does not compel a contrary result. Titone, J. P., Mangano, Gibbons and Brown, JJ., concur.

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Bluebook (online)

102 A.D.2d 815, 476 N.Y.S.2d 489, 1984 N.Y. App. Div. LEXIS 18985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnulty-v-allstate-insurance-nyappdiv-1984.

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