INA/AETNA v. AM. MUT. INS. COS.


115 A.D.2d 640 (1985)

INA/Aetna, Respondent, v. American Mutual Insurance Companies, Appellant

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

December 23, 1985


Orders affirmed, with one bill of costs.

Although Special Term was justified in finding that there was insufficient proof that American Mutual Insurance Companies (American Mutual) complied with the 90-day Statute of Limitations contained in CPLR 7511 (a), an even more compelling reason existed to deny American Mutual's motion to vacate the arbitration award. Because its application was the first one arising out of the arbitrable controversy between the parties, American...

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