MATTER OF ALEMAN


62 N.Y.2d 1017 (1984)

In the Matter of the Arbitration between Hector M. Aleman, Respondent, and Empire Mutual Insurance Co., Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Raymond J. MacDonnell and Thomas Torto for appellant.

Jerry V. Weinberg for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the award of the master arbitrator vacated and the award of the arbitration panel reinstated.

A review of the master arbitrator's determination indicates that, in modifying the arbitration panel's award, he engaged in extensive factual review and reached his conclusion based upon an impermissible weighing of the evidence (Matter of...

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