MATTER OF DINAPOLI v. PEAK AUTOMOTIVE, INC.


34 A.D.3d 674 (2006)

824 N.Y.S.2d 424

In the Matter of JOSEPH DINAPOLI et al., Respondents, v. PEAK AUTOMOTIVE, INC., Appellant.

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

Decided November 21, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

"Vacatur of an arbitration award is strictly limited to the reasons stated in CPLR 7511 (b), but where the parties have submitted to compulsory arbitration, the award must have evidentiary support and cannot be arbitrary or capricious if it is to be upheld" (Cigna Prop. & Cas. v Liberty Mut. Ins. Co., 12 A.D.3d 198, 199 [2004]).

The appellant...

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