MATTER OF TORRES v. NAT'L UNION FIRE INS. CO.


246 A.D.2d 326 (1998)

667 N.Y.S.2d 356

In the Matter of Phillip Torres, Appellant, v. National Union Fire Insurance Company, C/O Crawford & Co., Respondent

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

January 8, 1998


The motion court erred in granting respondent insurance company vacatur of the arbitration award where it had participated in the arbitration proceeding with knowledge of the failure to comply with the arbitration clause and without voicing an objection. CPLR 7511 (b) (1) states:

"The award shall be vacated on the application of a party who either participated in the arbitration or was served with a notice of intention...

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