Opinion
00-10316
Submitted March 14, 2002
June 3, 2002
In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from a judgment of the Supreme Court, Orange County (Slobod, J.), dated September 26, 2000, which denied the petition and dismissed the proceeding.
Rider, Weiner, Frankel Calhelha, P.C. (Moacyr R. Calhelha of counsel), for appellant.
Dupée, Dupée Monroe, P.C., Goshen, N.Y. (Emily E. Maute of counsel), for respondents-respondents.
FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed, with costs.
Contrary to the petitioner's contention, there was evidentiary support for the arbitrator's award to the buyers of a full refund of the purchase price of a used truck they purchased. The award was neither arbitrary nor capricious (see Motor Vehicle Acc. Indem. Corp. v. Aetna Casualty Surety Co., 89 N.Y.2d 214; Jenkins v. Empire/Allcity Ins. Co., 289 A.D.2d 331).
The petitioner's remaining contentions are without merit.
SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.