Matter of American Country Ins. Co. v Mariany

Matter of Matter of American Country Ins. Co. v Mariany 2014 NY Slip Op 04239 Decided on June 12, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2014
Friedman, J.P., Acosta, Saxe, Feinman, Gische JJ.
12691 150423/13 12690

[*1] In re American Country Insurance Company, Petitioner-Appellant,

v

Jennifer Mariany, Respondent-Respondent.

Dwyer & Taglia, New York (Joshua T. Reece of counsel), for petitioner.

Finkelstein & Partners, LLP, Newburgh (George A. Kohl, II of counsel), for respondent.

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered November 14, 2013, awarding respondent the principal sum of $50,000, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about May 1, 2013, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

An arbitration award is not subject to vacatur pursuant to CPLR 7511(b)(1)(iii) due to an arbitrator's mistake of fact or law or disregard for the plain words of the parties' agreement. Rather, the court must find that the award is "totally irrational or violative of a strong public policy and thus in excess of the arbitrator's powers" (Hackett v Milbank, Tweed, Hadley & McCloy , 86 NY2d 146, 155 [1995][internal quotation marks omitted]). While the arbitrator here may have erred in interpreting the insurance policy, such error did not rise to the very high level required to vacate an arbitration award.

We have considered appellant's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 12, 2014

CLERK