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Matter of Carty v. Nationwide Insurance Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1995
212 A.D.2d 462 (N.Y. App. Div. 1995)

Opinion

February 23, 1995

Appeal from the Supreme Court Bronx County (Anita Florio, J.).


The test applicable for review of a compulsory no-fault arbitration award, where error of law is in issue, is whether any reasonable hypothesis can be found to support the questioned interpretation. Generally, a court will not set aside an arbitrator's award for errors of law or fact unless the award is so irrational as to require vacatur (Matter of Empire Mut. Ins. Co. v. Jones, 151 A.D.2d 754). Upon our review of this record we find that the master arbitrator's award was in all respects, under the circumstances herein, not so irrational as to warrant vacatur or modification by the hearing court.

The hearing court properly rejected the respondent-appellant's challenges to that court's jurisdiction. We have reviewed the other arguments advanced by the parties and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Ross, Asch and Williams, JJ.


Summaries of

Matter of Carty v. Nationwide Insurance Co.

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1995
212 A.D.2d 462 (N.Y. App. Div. 1995)
Case details for

Matter of Carty v. Nationwide Insurance Co.

Case Details

Full title:In the Matter of SOLOMON CARTY, Respondent, v. NATIONWIDE INSURANCE…

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

Date published: Feb 23, 1995

Citations

212 A.D.2d 462 (N.Y. App. Div. 1995)
622 N.Y.S.2d 947

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