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MTR OF FALZONE (NY CENT MUT)

No. 164.

15 N.Y.3d 530 (2010)

In the Matter of the Arbitration between CARMEN I. FALZONE, Now Known as CARMEN I. CORDERO, Appellant, and NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Decided October 21, 2010.

Attorney(s) appearing for the Case

Gross, Shuman , Brizdle & Gilfillan, P.C., Buffalo ( Hugh C. Carlin and David H. Elibol of counsel), for appellant.

Brown & Kelly, LLP, Buffalo ( H. Ward Hamlin, Jr. , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and SMITH concur with Judge JONES; Judge PIGOTT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

JONES, J.

In this CPLR article 75 proceeding arising from respondent's determination denying petitioner's claim for supplementary uninsured/underinsured motorist (SUM) benefits, the primary issue before this Court is whether the SUM arbitrator exceeded the scope of his authority by not giving preclusive effect to a prior arbitration award involving the same parties and accident.

On May 15, 2004, petitioner was involved in a two...

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