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FOUNDERS INSURANCE COMPANY LIMITED v. EVEREST NATIONAL INSURANCE COMPANY

41 A.D.3d 350 (2007)

839 N.Y.S.2d 474

FOUNDERS INSURANCE COMPANY LIMITED, Respondent, v. EVEREST NATIONAL INSURANCE COMPANY et al., Appellants.

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

Decided June 28, 2007.

Petitioner fails to show that an arbitral award in its favor would be rendered ineffectual without an injunction (CPLR 7502 [c]). By petitioner's own admission, respondents have more than $14 billion in assets; since petitioner is seeking some $42 million in the arbitration, it appears that respondents would be able to pay the award even if they draw down on the trust account (see Erickson v Kidder Peabody & Co.,

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