Summa v. Allstate Insurance

In a proceeding pursuant to CPLR article 75 to vacate an arbitrator’s award on the ground of misconduct and acting in excess of his powers, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Richmond County (Sangiorgio, J.), entered January 31, 1990, which denied the petition.

Ordered that the order and judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Richmond County, for further proceedings consistent herewith.

We find that the court erred in denying the petition on the ground that the arbitrator’s award could be…