MATTER OF LIBERTY MUT. INS. CO.


234 A.D.2d 901 (1996)

651 N.Y.S.2d 784

In the Matter of the Arbitration between Liberty Mutual Insurance Company, Respondent, and Allstate Insurance Company, Appellant

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

December 30, 1996


Order unanimously reversed on the law without costs, petition denied and award confirmed.

Memorandum:

We conclude that Supreme Court erred in granting the petition to vacate the arbitration award. Petitioner sought vacatur of the award on the ground that arbitration was not available under Insurance Law § 5105 (a) because neither of the vehicles involved in the collision weighed more than 6,500 pounds. By failing to apply for a stay of arbitration before...

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