From Casetext: Smarter Legal Research

In the Matter of Allstate Insurance

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 2006
26 A.D.3d 374 (N.Y. App. Div. 2006)

Opinion

2005-06725.

February 14, 2006.

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order of the Supreme Court, Nassau County (Jonas, J.), dated June 29, 2005, which denied the petition and granted the respondent's motion to confirm the award.

Sweetbaum Sweetbaum, Lake Success, N.Y. (Marshall D. Sweetbaum of counsel), for appellant.

Silverberg Goodman, LLP, Garden City, N.Y. (Ian B. Silverberg of counsel), for respondent.

Before: Prudenti, P.J., Adams, Spolzino and Covello, JJ., concur.


Ordered that the order is reversed, on the law and facts, the petition is granted, the cross motion is denied, and the arbitration award is vacated.

The Supreme Court improperly denied the petition for vacatur of an arbitration award and granted the respondent's cross motion to confirm the award. Under the close scrutiny with which we must view the arbitrator's determination in a compulsory arbitration ( see Matter of Motor Veh. Acc. Indem. Corp. v. Aetna Cas. Sur. Co., 89 NY2d 214, 223), the arbitrator's award was not supported by the evidence in the record and was not rationally based ( see Matter of Scher v. State Farm Ins. Co., 240 AD2d 415; see also Matter of Kemper Ins. Co. v. Westport Ins. Co., 9 AD3d 431; Matter of State Farm Mut. Auto. Ins. Co. v. Arabov, 2 AD3d 531).


Summaries of

In the Matter of Allstate Insurance

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 2006
26 A.D.3d 374 (N.Y. App. Div. 2006)
Case details for

In the Matter of Allstate Insurance

Case Details

Full title:In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. AMERICAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 14, 2006

Citations

26 A.D.3d 374 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1160
808 N.Y.S.2d 563

Citing Cases

Tri State Consumer Ins. Co. v. High Point Prop. & Cas. Co.

In that respect, there was no rational basis in the record for the arbitrators' rejection of the appellant's…

Progressive v. N.Y

Under the circumstances presented in this record, there was no evidentiary support or rational basis for the…