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KEMENY v. LIBERTY MUT. INS. CO.

Index No. 656267/16. Appeal No. 13800N. Case No. 2020-00193.

194 A.D.3d 483 (2021)

143 N.Y.S.3d 550

2021 NY Slip Op 02988

Malcolm Kemeny, Appellant, v. Liberty Mutual Insurance Company, Respondent.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Michael W. Rosen , New York, for appellant.

Jaffe & Asher LLP, White Plains ( Marshall T. Potashner of counsel), for respondent.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

Although defendant did not move to vacate or modify the arbitration award pursuant to CPLR 7511(a), the arbitration award was paid in full a little more than three months after the award was issued. Defendant was not precluded from investigating the award during that time (see Reichel v Government Empls. Ins. Co., 66 N.Y.2d 1000, 1003 [1985]). Further, plaintiff was entitled to simple interest until the date he was paid (Wiederhorn...

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