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MATTER OF AMERICAN COUNTRY INS. CO. v. MARIANY

12691, 150423/13, 12690.

118 A.D.3d 509 (2014)

987 N.Y.S.2d 143

2014 NY Slip Op 4240

In the Matter of AMERICAN COUNTRY INSURANCE COMPANY, Appellant, v. JENNIFER MARIANY, Respondent.

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

Decided June 12, 2014.

An arbitration award is not subject to vacatur pursuant to CPLR 7511 (b) (1) (iii) due to an arbitrator's mistake of fact or law or disregard for the plain words of the parties' agreement. Rather, the court must find that the award is "totally irrational or violative of a strong public policy and thus in excess of the arbitrator's powers" (Hackett v Milbank, Tweed, Hadley & McCloy, 86 N.Y.2d 146, 155 [1995] [internal quotation...

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