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Matter of Interboro Mut. Indem. Ins v. Legros

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 537 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Ordered that the order is affirmed, with costs.

The petitioner moved to vacate the arbitration award under CPLR 7511 (b) (2) (iii) on the ground that the arbitration agreement had not been complied with. However, such relief is only available to a party "who neither participated in the arbitration nor was served with a notice of intention to arbitrate" (CPLR 7511 [b] [2]). Although the petitioner did not participate in the arbitration, it concedes that it was served with a notice of intention to arbitrate. Thus the petitioner is not entitled to the relief requested, and the Supreme Court properly denied the petitioner's motion on that basis. Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.


Summaries of

Matter of Interboro Mut. Indem. Ins v. Legros

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 537 (N.Y. App. Div. 1994)
Case details for

Matter of Interboro Mut. Indem. Ins v. Legros

Case Details

Full title:In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant…

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 537 (N.Y. App. Div. 1994)
614 N.Y.S.2d 278

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