MATTER OF GEN. ACCIDENT INS. CO. v. AETNA CAS. & SUR. CO.


149 A.D.2d 706 (1989)

In the Matter of General Accident Insurance Company, Appellant, v. Aetna Casualty & Surety Co. et al., Respondents

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

April 24, 1989


Ordered that the judgment is affirmed, with costs to the respondent Aetna Casualty & Surety Co.

The petitioner failed to establish that its rights were prejudiced by the alleged failure to follow the proper procedure prior to the commencement of the arbitration hearing when an arbitrator died and was replaced (see, CPLR 7511 [b] [1] [iv]; Matter of Cross Props. [Gimbel Bros.], 15 A.D.2d 913, affd

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