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Matter of Aetna Cas. and Sur. Co. v. Cebularz

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 690 (N.Y. App. Div. 1993)

Opinion

March 29, 1993

Appeal from the Supreme Court, Nassau County (Collins, J.).


Ordered that the order and judgment is affirmed, without costs or disbursements.

The appellant waived its contention that the arbitrator exceeded his authority by making an award to the respondent after the limits of the uninsured endorsement had been previously exhausted. This ground should have been raised in an application to stay arbitration (see, CPLR 7503). Although such a proceeding was commenced, it was withdrawn as untimely and, moreover, was not based on the ground that the arbitrator had no authority to proceed. Inasmuch as this contention is the sole basis for the present appeal, the judgment must be affirmed (see, Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 309; Rochester City School Dist. v. Rochester Teachers Assn., 41 N.Y.2d 578, 582-583). Balletta, J.P., Miller, Ritter and Santucci, JJ., concur.


Summaries of

Matter of Aetna Cas. and Sur. Co. v. Cebularz

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 690 (N.Y. App. Div. 1993)
Case details for

Matter of Aetna Cas. and Sur. Co. v. Cebularz

Case Details

Full title:In the Matter of AETNA CASUALTY AND SURETY COMPANY, Appellant, v. SALLY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 1993

Citations

191 A.D.2d 690 (N.Y. App. Div. 1993)
595 N.Y.S.2d 536

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