ALLCITY INS. CO. v. EAGLE INS. CO.


1 Misc.3d 41 (2003)

768 N.Y.S.2d 73

ALLCITY INSURANCE COMPANY, as Subrogee of JANE THOMAS, Appellant, v. EAGLE INSURANCE COMPANY et al., Respondents.

Supreme Court, Appellate Term, Second Department.

September 3, 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 Eagle Insurance Company, respondent.

Wade Clark Mulcahy, New York City (Nicole Y. Brown of counsel), for Arbitration Forums, Inc., respondent.

PESCE, P.J., 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 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 Allcity Insurance Company as subrogee of Jane Thomas (Allcity) filed a demand for arbitration on...

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