Progressive Northeastern Insurance v. Gigi

Appellate Division of the Supreme Court of New York

Progressive Northeastern Insurance v. Gigi

47 A.D.3d 822, 849 N.Y.S.2d 176

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

DecidedJanuary 22, 2008

StatusPublished

This text of 47 A.D.3d 822 (Progressive Northeastern Insurance v. Gigi) 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

Progressive Northeastern Insurance v. Gigi, 47 A.D.3d 822, 849 N.Y.S.2d 176 (N.Y. Ct. App. 2008).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75, the appeal is from an order of the Supreme Court, Orange County (McGuirk, J.), dated December 6, 2006, which denied the motion of Stefania Gigi to vacate an arbitration award dated June 1, 2006, and confirmed the award.

Ordered that the order is affirmed, with costs.

The appellant failed to demonstrate, by clear and convincing evidence, that the arbitrator committed misconduct within the meaning of CPLR 7511 (b) (1) (i) (see Matter of Henneberry v ING Capital Advisors, LLC, 37 AD3d 353, 354 [2007]; Matter of Kaufman v Allstate Ins. Co., 9 AD3d 431 [2004]; Matter of GEICO Gen. Ins. Co. v Sherman, 307 AD2d 967, 969 [2003]; Matter of Cox [Mitchell], 188 AD2d 915, 917 [1992]). Under the circumstances presented, the arbitrator’s offer to grant the appellant’s request for an adjournment conditioned upon the appellant’s counsel’s payment of the appearance fee of his adversary’s expert, was reasonable (cf. 22 NYCRR 130-2.1 [a]). Accordingly, the Supreme Court correctly denied the appellant’s motion to vacate the arbitration award, and correctly confirmed it (see CPLR 7511 [e]).

The appellant’s remaining contentions are without merit. Spolzino, J.P., Ritter, Miller and Dickerson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 75, the appeal is from an order of the Supreme Court, Orange County (McGuirk, J.), dated December 6, 2006, which denied the motion of Stefania Gigi to vacate an arbitration award dated June 1, 2006, and confirmed the award.

Ordered that the order is affirmed, with costs.

The appellant failed to demonstrate, by clear and convincing evidence, that the arbitrator committed misconduct within the meaning of CPLR 7511 (b) (1) (i) (see Matter of Henneberry v ING Capital Advisors, LLC, 37 AD3d 353, 354 [2007]; Matter of Kaufman v Allstate Ins. Co., 9 AD3d 431 [2004]; Matter of GEICO Gen. Ins. Co. v Sherman, 307 AD2d 967, 969 [2003]; Matter of Cox [Mitchell], 188 AD2d 915, 917 [1992]). Under the circumstances presented, the arbitrator’s offer to grant the appellant’s request for an adjournment conditioned upon the appellant’s counsel’s payment of the appearance fee of his adversary’s expert, was reasonable (cf. 22 NYCRR 130-2.1 [a]). Accordingly, the Supreme Court correctly denied the appellant’s motion to vacate the arbitration award, and correctly confirmed it (see CPLR 7511 [e]).

The appellant’s remaining contentions are without merit. Spolzino, J.P., Ritter, Miller and Dickerson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

47 A.D.3d 822, 849 N.Y.S.2d 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/progressive-northeastern-insurance-v-gigi-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack