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MATTER OF TOKIO MARINE & FIRE INS. CO. v. ALLSTATE INS. CO.

8 A.D.3d 492 (2004)

778 N.Y.S.2d 315

In the Matter of TOKIO MARINE & FIRE INSURANCE COMPANY, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

June 14, 2004.

Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, the arbitration award is reinstated and confirmed, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an appropriate judgment (see CPLR 7514 [a]).

An arbitration award may be vacated as barred by the preclusive effect of a judgment or settlement entered in prior litigation (see Merrill Lynch, Pierce, Fenner &...

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