Empire Mutual Insurance v. Hornick

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about October 28, 1991, which denied petitioner’s application to vacate the award of the Master Arbitrator dated March 29, 1991, and dismissed the petition, unanimously affirmed, with costs.

Petitioner’s contentions rest upon the erroneous premise that the Master Arbitrator was required to uphold the propriety of its denial of respondent’s claim in the face of respondent’s refusal to keep two dental appointments scheduled by petitioner. The Master Arbitrator, however, upheld the finding of the arbitrator that…