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Matter of State Farm Ins. Co. v. Spilotros

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1999
257 A.D.2d 577 (N.Y. App. Div. 1999)

Opinion

January 11, 1999.

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


Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the petitioner, State Farm Insurance Company (hereinafter State Farm), failed to demonstrate any of the requisite statutory criteria for vacating an arbitration award ( see, CPLR 7511 [b]). Contrary to State Farm's contention, the master arbitrator properly considered the evidence which demonstrated that State Farm had received timely notice of the respondent's claim ( see, 11 NYCRR 65.15 [b] [4]) since the record reveals that this evidence was transmitted to the original arbitrator. Accordingly, the master arbitrator did not exceed his powers by vacating the original arbitration award which, in light of this: evidence, was "incorrect as a matter of law" (11 NYCRR 65.18 [a] [4]; see, Insurance Law § 5106; Matter of Petrofsky [Allstate Ins. Co.], 54 N.Y.2d 207, 210-211; Matter of Allstate Ins. Co. v. Keegan, 201 A.D.2d 724).

Mangano, P. J., Thompson, Santucci and McGinity, JJ., concur.


Summaries of

Matter of State Farm Ins. Co. v. Spilotros

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1999
257 A.D.2d 577 (N.Y. App. Div. 1999)
Case details for

Matter of State Farm Ins. Co. v. Spilotros

Case Details

Full title:In the Matter of STATE FARM INSURANCE COMPANY, Appellant, v. HELEN…

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

Date published: Jan 11, 1999

Citations

257 A.D.2d 577 (N.Y. App. Div. 1999)
683 N.Y.S.2d 589

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