MATTER OF ARBITRATION BETWEEN PENTA AND (LIBERTY MUT. INS.)


51 A.D.2d 125 (1976)

In the Matter of the Arbitration between Pasquale Della Penta, Respondent, and Liberty Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 20, 1976


Attorney(s) appearing for the Case

Hurwitz, Siegel & Hurwitz (Louis Siegel and James M. DeVoy of counsel), for appellant.

Norman B. Lewis, P.C., for respondent.

MARSH, P.J., CARDAMONE, SIMONS and MAHONEY, JJ., concur.


GOLDMAN, J.

Liberty Mutual Insurance Company (Liberty Mutual) appeals from Special Term's order which granted respondent Pasquale Della Penta's motion to direct Liberty Mutual to pay him $633.51, alleged to have been wrongfully withheld when appellant made payment to respondent on a $5,200 arbitration award. Special Term based its decision on the grounds that the "court cannot look behind the award which is valid...

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