Casey v. Country-Wide Insurance

Judgment, Supreme Court, New York County (Walter Schackman, J.), entered December 5, 1995, which granted respondent insurer’s motion *233to vacate an arbitration award of uninsured motorist benefits, and denied petitioner insured’s motion to confirm such award, unanimously affirmed, without costs.

The parties proceeded to a first arbitration that resulted in an award of $3,000 in insured’s favor that neither party ever moved to confirm. More than a year after that award was made, the insured demanded a second arbitration that the insurer sought to stay as barred by the res judicata effect of the…