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EMPIRE INS CO v. EAGLE INS CO

4 Misc.3d 25 (2004)

780 N.Y.S.2d 465

In the Matter of EMPIRE INSURANCE COMPANY, Appellant, v. EAGLE INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

May 4, 2004.

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.

PESCE, P.J., and RIOS, J., concur; GOLIA, J., concurs in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Order 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 with $10 costs.

Pursuant to the mandatory arbitration provisions of Insurance Law § 5105 et seq., petitioner Empire Insurance Company filed a demand for...

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