MATTER OF AETNA CAS. & SUR. CO. v. CEBULARZ


191 A.D.2d 690 (1993)

595 N.Y.S.2d 536

In the Matter of Aetna Casualty and Surety Company, Appellant, v. Sally Cebularz, Respondent

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

March 29, 1993


Ordered that the order and judgment is affirmed, without costs or disbursements.

The appellant waived its contention that the arbitrator exceeded his authority by making an award to the respondent after the limits of the uninsured endorsement had been previously exhausted. This ground should have been raised in an application to stay arbitration (see, CPLR 7503). Although such a proceeding was commenced, it was withdrawn as untimely and, moreover, was not based...

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