MATTER OF CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. ELECTRIC INSURANCE COMPANY


269 A.D.2d 288 (2000)

704 N.Y.S.2d 459

In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant, v. ELECTRIC INSURANCE COMPANY, Respondent.

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

Decided February 22, 2000.


The parties clearly agreed to submit to "alternate dispute resolution" (i.e., arbitration or "such other procedure to which GE and Con Ed may agree in writing") any dispute, including one involving waiver, arising out of any judgment or settlement in the underlying wrongful death action(s). Since this agreement is unquestionably valid and timely invoked, and, indeed, has been scrupulously complied with by respondent to petitioner's advantage, the present dispute arising out...

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