In re the Arbitration between Firemens Insurance Co. of Newark & Vanderpool

Appeal from an order of the Supreme Court at Special Term (Crew, III, J.), entered October 25, 1984 in Tompkins County, which, upon reargument, granted petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.

Respondent was injured in an automobile accident on October 21, 1982 and thereafter sought first-party benefits under New York’s No-Fault Law from petitioner, the insurer of her vehicle. Petitioner rejected her claim on the basis of the insurance policy’s exclusion for injuries resulting from the operation of a motor vehicle while in an intoxicated condition (see,…