Matter of New York Central Mutual Fire Insurance Company v Stephanie Drasgow

Matter of New York Cent. Mut. Fire Ins. Co. v Drasgow 2005 NY Slip Op 02576 [4 NY3d 841] April 5, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 6, 2005

[*1] In the Matter of New York Central Mutual Fire Insurance Company, Respondent,
v
Stephanie Drasgow, Appellant.

Decided April 5, 2005

Matter of New York Cent. Mut. Fire Ins. Co. v Drasgow, 12 AD3d 1038, reversed.

APPEARANCES OF COUNSEL

Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Thomas P. Kawalec of counsel), for appellant.

Brown & Kelly, LLP, Buffalo (Joseph M. Schnitter of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, petition to vacate the arbitration award denied and petition to confirm the arbitration award granted, for the reasons stated in the dissenting memorandum at the Appellate Division (12 AD3d 1038, 1039-1040), and matter remitted to Supreme Court, Erie County, for consideration of appellant's claim for attorneys' fees.

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith. .