MATTER OF TRANSAMERICA INS. CO. v. FIFTH AVE. REALTY


194 A.D.2d 544 (1993)

599 N.Y.S.2d 975

In the Matter of Transamerica Insurance Company, Appellant, v. Fifth Avenue Realty et al., Respondents

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

June 1, 1993


Ordered that the judgment is affirmed, with costs.

An arbitrator made an award in the amount of $23,521 in favor of Transamerica Insurance Company and against Liberty Mutual Insurance Company. The award was made after Liberty Mutual Insurance Company had failed to appear at the arbitration hearing. We agree with the Supreme Court that notice of the arbitration hearing was not served either in accordance with CPLR 7506 (b) and (d), or in accordance with the "fire and...

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