Opinion
June 1, 1993
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the judgment is affirmed, with costs.
An arbitrator made an award in the amount of $23,521 in favor of Transamerica Insurance Company and against Liberty Mutual Insurance Company. The award was made after Liberty Mutual Insurance Company had failed to appear at the arbitration hearing. We agree with the Supreme Court that notice of the arbitration hearing was not served either in accordance with CPLR 7506 (b) and (d), or in accordance with the "fire and allied lines arbitration agreement rules and regulations". Liberty Mutual Insurance Company was prejudiced as a result of this defect, and the arbitration award should, therefore, be vacated (see, CPLR 7511 [b] [1] [iv]; [2] [i]; Matter of PPX Enters. [Ducale Edizione Musicale], 53 A.D.2d 555, affd 42 N.Y.2d 897). Bracken, J.P., Balletta, Rosenblatt and Miller, JJ., concur.