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MATTER OF INSINGA v. LIBERTY MUTUAL INSURANCE COMPANY

265 A.D.2d 411 (1999)

696 N.Y.S.2d 506

In the Matter of MICHAEL INSINGA, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

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

Decided October 12, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly vacated the arbitration award based on the misconduct of the petitioner's attorneys. The April 19, 1996, arbitration demand was served on the respondent, rather than on its attorneys, and was hidden among voluminous other documents to prevent the respondent from contesting the issue of arbitrability (see, Rider Ins. Co. v Marino,

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