Legal Opinion

Eagle Insurance v. State Farm Mutual Automobile Insurance

Appellate Division of the Supreme Court of the State of New York

Decided March 1, 2004Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Phelan, J.), dated October 22, 2002, which denied the petition, confirmed the award, and, in effect, dismissed the proceeding.

Ordered that the order and judgment is affirmed, with one bill of costs.

“An arbitration award in a mandatory arbitration proceeding, such as this one, will be upheld if it is supported by the evidence and is not arbitrary and capricious” (Matter of Sari M. Friedman, P.C. v Gleeson, 300 AD2d 404…

2Cases cited3 opinions

  1. Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1996
  2. Sari M. Friedman, P.C. v. GleesonAppellate Division of the Supreme Court of the State of New York · 2002
  3. Ryan & Henderson v. HavivAppellate Division of the Supreme Court of the State of New York · 2003

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