New York Central Mutual Fire Insurance v. State Farm Insurance

Appellate Division of the Supreme Court of New York

New York Central Mutual Fire Insurance v. State Farm Insurance

234 A.D.2d 995, 651 N.Y.S.2d 829, 1996 N.Y. App. Div. LEXIS 13796

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 1996·Published·Cited by 2 cases

Opinion

—Order insofar as appealed from unanimously reversed on the law without costs, application granted and award confirmed. Memorandum: Supreme Court erred in denying the application of respondent State Farm Insurance Companies to confirm the arbitrator’s award. CPLR 7510 provides that "[t]he court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511.” Because there is no basis in this record to vacate or modify the arbitrator’s award, it must be confirmed (see generally, Graniteville Co. v First Natl. Trading Co., 179 AD2d 467, 468-469, lv denied 79 NY2d 759). [996]*996(Appeal from Order of Supreme Court, Erie County, Gorski, J.—Arbitration.) Present—Green, J. P., Lawton, Fallon, Callahan and Boehm, JJ.

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—Order insofar as appealed from unanimously reversed on the law without costs, application granted and award confirmed. Memorandum: Supreme Court erred in denying the application of respondent State Farm Insurance Companies to confirm the arbitrator’s award. CPLR 7510 provides that "[t]he court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511.” Because there is no basis in this record to vacate or modify the arbitrator’s award, it must be confirmed (see generally, Graniteville Co. v First Natl. Trading Co., 179 AD2d 467, 468-469, lv denied 79 NY2d 759). [996]*996(Appeal from Order of Supreme Court, Erie County, Gorski, J.—Arbitration.) Present—Green, J. P., Lawton, Fallon, Callahan and Boehm, JJ.

New York Central Mutual Fire Insurance v. State Farm Insurance, 234 A.D.2d 995, 651 N.Y.S.2d 829, 1996 N.Y. App. Div. LEXIS 13796 (N.Y. Ct. App. 1996).

Pincite

234 A.D.2d 995 (New York Central Mutual Fire Insurance v. State Farm Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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