MTR. OF GREENBERG (RYDER TRUCK)


70 N.Y.2d 573 (1987)

In the Matter of the Arbitration between James Greenberg, Respondent, and Ryder Truck Rental, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1987.


Attorney(s) appearing for the Case

Hugh J. Helfenstein and Charles S. Hefter for appellant.

Robert L. Monsour for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

In this no-fault controversy, we must delineate the scope and nature of the judicial function in an "action to adjudicate the dispute de novo" pursuant to Insurance Law § 5106 (c) after the benefits phase of a bifurcated arbitration procedure is completed (see, 11 NYCRR 65.16). The liability phase had been subject to prior narrow judicial review pursuant to CPLR article 75. We hold that...

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