Appellate Division of the Supreme Court of New York, 1996

Commerce & Industry Insurance v. Nester

Appellate Division of the Supreme Court of New York · Decided May 20, 1996

227 A.D.2d 556; 643 N.Y.S.2d 379; 1996 N.Y. App. Div. LEXIS 5341

Cases that cite this one

4 later published cases cite this decision.

Lurie v. Sobus (Appellate Division of the Supreme Court of New York 2001)
County of Suffolk v. Faculty Association of Suffolk County Community College (Appellate Division of the Supreme Court of New York 1998)
Commerce & Industry Insurance v. Nester (N.Y. 1997)
In re the Arbitration between Shefa Brucha Inc. & Topaz Electronics, Inc. (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a proceeding to confirm an arbitrator’s award, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCabe, J.), entered June 28, 1995, which, upon confirmation of the award, was in favor of Suzanne Nester and against it in the principal sum of $1,000,000.

Ordered that the judgment is affirmed, without costs or disbursements.

*557The absence of an agreement to arbitrate is not a basis upon which either a person who has been served with a notice of intent to arbitrate or a person who has participated in arbitration, may seek to have the award vacated (see, CPLR 7511 [b] [1], [2] [ii]; Crum & Forster Commercial Ins. v Yakar, 208 AD2d 833). Balletta, J. P., Copertino, Santucci and Hart, JJ., concur.

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