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MATTER OF INTERBORO MUT. INDEM. INS. CO. v. LEGROS

205 A.D.2d 537 (1994)

614 N.Y.S.2d 278

In the Matter of Interboro Mutual Indemnity Insurance Company, Appellant, v. Frantz H. Legros, Respondent

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

June 6, 1994

Ordered that the order is affirmed, with costs.

The petitioner moved to vacate the arbitration award under CPLR 7511 (b) (2) (iii) on the ground that the arbitration agreement had not been complied with. However, such relief is only available to a party "who neither participated in the arbitration nor was served with a notice of intention to arbitrate" (CPLR 7511 [b] [2]). Although the petitioner did not participate in the arbitration, it concedes that it was served...

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