Legal Opinion
In re the Arbitration between Falzone & New York Mutual Fire Insurance
New York Court of Appeals
Decided October 21, 2010PublishedCited by 86 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
In this CPLR article 75 proceeding arising from respondent’s determination denying petitioner’s claim for supplementary uninsured/underinsured motorist (SUM) benefits, the primary issue before this Court is whether the SUM arbitrator exceeded the scope of his authority by not giving preclusive effect to a prior arbitration award involving the same parties and accident.
On May 15, 2004, petitioner was involved in a two-car collision. Subsequently, she filed a claim for no-fault benefits with respondent insurer, alleging she had injured her shoulder. When respondent…
2Cases cited5 opinions
- United Federation of Teachers, Local 2 v. Board of EducationNew York Court of Appeals · 2003
- New York City Transit Authority v. Transport Workers' Union of AmericaNew York Court of Appeals · 2005
- Board of Education of Patchogue-Medford Union Free School District v. Patchogue-Medford Congress of TeachersNew York Court of Appeals · 1979
- Matter of City Sch. Dist. of the City of Tonawanda v. Tonawanda Educ. Ass'nNew York Court of Appeals · 1984
- In re the Arbitration between FalzoneAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by86 opinions
- In re the Arbitration between Kowaleski & New York State Department of Correctional ServicesNew York Court of Appeals · 2010
- Matter of Reddy v. SchafferAppellate Division of the Supreme Court of the State of New York · 2014
- Susan D. Settenbrino, P.C. v. Barroga-HayesAppellate Division of the Supreme Court of the State of New York · 2011
- Quality Building Construction, LLC v. Jagiello Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- In re the Arbitration between Eastman Associates, Inc. & Juan Ortoo Holdings, Ltd.Appellate Division of the Supreme Court of the State of New York · 2011
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