STATE FARM INS. v. EAGLE INS.


6 Misc.3d 27 (2003)

762 N.Y.S.2d 773

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as Subrogee of DENNIS SHANNON, Appellant, v. EAGLE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

May 15, 2003.


Attorney(s) appearing for the Case

Serpe, Andree & Kaufman, Huntington (Jonathan H. Kaufman of counsel), for appellant.

Samuel K. Rubin, Bethpage (Lawrence R. Miles of counsel), for respondent.

PATTERSON, J.P., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

Memorandum.

Order unanimously modified by providing that the petition is granted insofar as it sought to vacate the arbitrator's award, the cross petition to confirm the award is denied, and matter remanded for arbitration before a different arbitrator; as so modified, affirmed without costs.

Pursuant to the mandatory arbitration provisions of Insurance Law § 5105, petitioner State Farm Mutual Automobile Insurance Company...

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