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IN THE MATTER OF NEW YORK v. DRASGOW

4 N.Y.3d 841 (2005)

833 N.E.2d 191

800 N.Y.S.2d 48

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, v. STEPHANIE DRASGOW, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 2005.

Attorney(s) appearing for the Case

Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Thomas P. Kawalec of counsel), for appellant.

Brown & Kelly, LLP, Buffalo (Joseph M. Schnitter of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, petition to vacate the arbitration award denied and petition to confirm the arbitration award granted, for the reasons stated in the dissenting memorandum at the Appellate Division (12 A.D.3d 1038, 1039-1040), and matter remitted to Supreme Court, Erie County, for consideration...

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