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MATTER OF UTICA MUTUAL INSURANCE COMPANY v. INCORPORATED VILLAGE OF FLORAL PARK

262 A.D.2d 565 (1999)

692 N.Y.S.2d 420

In the Matter of UTICA MUTUAL INSURANCE COMPANY, Respondent, v. INCORPORATED VILLAGE OF FLORAL PARK, Appellant.

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

Decided June 21, 1999.

Ordered that the order is affirmed, with costs.

By failing to raise the issue of jurisdiction prior to arbitration, the Village waived the contentions that the insurance claim was not arbitrable under Insurance Law § 5105 and/or that the arbitrator exceeded her jurisdiction (see, Matter of Liberty Mut. Ins. Co. [Allstate Ins. Co.], 234 A.D.2d 901). In any event, the testimony at the hearing and the absence of any evidence...

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