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Matter of Insinga v. Liberty Mutual Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 411 (N.Y. App. Div. 1999)

Opinion

Submitted June 23, 1999

October 12, 1999

In an arbitration proceeding pursuant to CPLR article 75, the petitioner appeals from an order of the Supreme Court, Nassau County (Murphy, J.).


ORDERED that the order is affirmed, with costs.

The Supreme Court properly vacated the arbitration award based on the misconduct of the petitioner's attorneys. The April 19, 1996, arbitration demand was served on the respondent, rather than on its attorneys, and was hidden among voluminous other documents to prevent the respondent from contesting the issue of arbitrability ( see, Rider Ins. Co. v. Marino, 84 A.D.2d 832; Matter of Nationwide Mut. Ins. Co., 75 A.D.2d 765). In addition, the petitioner failed to comply with a prior order of the same court, dated October 23, 1996, requiring the completion of discovery before arbitration.

O'BRIEN, J.P., RITTER, JOY, ALTMAN, and SMITH, JJ., concur.


Summaries of

Matter of Insinga v. Liberty Mutual Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 411 (N.Y. App. Div. 1999)
Case details for

Matter of Insinga v. Liberty Mutual Ins. Co.

Case Details

Full title:In the MATTER OF MICHAEL INSINGA, Appellant, v. LIBERTY MUTUAL INSURANCE…

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 411 (N.Y. App. Div. 1999)
696 N.Y.S.2d 506

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