Legal Opinion

In re Motors Insurance Corporation

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

Decided November 27, 1995PublishedCited by 1 opinion

1Opinion of the Court

—In a *635proceeding pursuant to CPLR article 75 to vacate an uninsured motorist arbitration award, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Newmark, J.), dated June 9, 1994, which denied the petition.

Ordered that the judgment is affirmed, with costs.

The appellant has not demonstrated by clear and convincing evidence that the respondent procured his award of uninsured motorist benefits through fraud (see, Imgest Fin. Establishment v Shearson Lehman Hutton, 172 AD2d 291). Accordingly, it has not established that the arbitrator’s award should be vacated pursuant…

2Cases cited3 opinions

  1. In Re the Arbitration Between Siegel & LewisNew York Court of Appeals · 1976
  2. Goldfinger v. LiskerNew York Court of Appeals · 1986
  3. Imgest Finance Establishment v. Shearson Lehman Hutton, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. Gluck v. Eastern Analytical Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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