MERCHANTS CO v. AUTOGROUP LLC

2011-680 QC.

35 Misc.3d 1 (2012)

941 N.Y.S.2d 829

2012 NY Slip Op 22024

NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant, v. NORTHERN AUTOGROUP, LLC, Respondent.

Supreme Court, Appellate Term, Second Department. 2d, 11th and 13th Judicial Districts.

Decided January 24, 2012.


Attorney(s) appearing for the Case

Kirschenbaum & Kirschenbaum, P.C., Garden City ( Gene W. Rosen of counsel), for appellant.

WESTON, J.P., PESCE and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, the order entered January 3, 2011 is vacated, and the matter is remitted to the arbitrator to determine, in accordance with the decision herein, whether petitioner is entitled to an amount over and above the $4,750 awarded and to make a final unconditional determination of the amount due petitioner.

At an arbitration hearing, petitioner obtained an award in the...

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