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New York Central Mutual Fire Insurance v. State Farm Insurance

234 A.D.2d 995 Court N.Y. App. Div. Decision date 1996-12-30 English

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p. 995
In the Matter of New York Central Mutual Fire Insurance Company, Respondent, v State Farm Insurance Companies, Appellant, and Reliance Insurance Company et al., Respondents.
[651 NYS2d 829]

—Order insofar as appealed from unanimously reversed on the law without costs, application granted and award confirmed. Memorandum: Supreme Court erred in denying the application of respondent State Farm Insurance Companies to confirm the arbitrator’s award. CPLR 7510 provides that "[t]he court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511.” Because there is no basis in this record to vacate or modify the arbitrator’s award, it must be confirmed (see generally, Graniteville Co. v First Natl. Trading Co., 179 AD2d 467 , 468-469, lv denied 79 NY2d 759 ).

p. 996
(Appeal from Order of Supreme Court, Erie County, Gorski, J.—Arbitration.) Present—Green, J. P., Lawton, Fallon, Callahan and Boehm, JJ.

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