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MATTER OF MERCHANT v. STATE FARM INS. COMPANY

2019-05826, Index No. 711787/18.

181 A.D.3d 803 (2020)

118 N.Y.S.3d 426

2020 NY Slip Op 01917

In the Matter of Shonett Merchant, Appellant, v. State Farm Insurance Company-SUM, Respondent.

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

Decided March 18, 2020.

Ordered that the order is affirmed, with costs.

The petitioner commenced the instant proceeding to modify an arbitration award in the amount of $5,000 on her claim for supplemental uninsured/underinsured motorist (hereinafter SUM) benefits, alleging that the arbitrator erred in offsetting the amount of damages sustained by $25,000, the amount she recovered from the insurance company which covered the other vehicle involved in the automobile accident. The respondent...

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