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MATTER OF ALLSTATE INS. CO. v. MOTOR VEHICLE IDENT INDEMNIFICATION CORP.

2016-02522. Index No. 6671/15.

150 A.D.3d 1098 (2017)

2017 NY Slip Op 04111

52 N.Y.S.3d 666

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Respondent.

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

Decided May 24, 2017.

Ordered that the judgment is affirmed, with costs.

Where, as here, review of a compulsory arbitration award is sought, "decisional law imposes closer judicial scrutiny of the arbitrator's determination" than would be warranted when reviewing an award made after a consensual arbitration (Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 214, 223 [1996]; see Matter of Allstate Ins. Co. v Labunska...

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