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American Country Insurance v. Mariany

Citations: 118 A.D.3d 509; 987 N.Y.S.2d 143

Court: Appellate Division of the Supreme Court of the State of New York; June 12, 2014; New York; State Appellate Court

Narrative Opinion Summary

Judgment from the Supreme Court, New York County, on November 14, 2013, awarded the respondent $50,000, which was unanimously affirmed without costs. An appeal from a prior order dated May 1, 2013, was dismissed as it was encompassed within the appeal of the judgment. The court ruled that an arbitration award cannot be vacated under CPLR 7511(b)(1)(iii) based on an arbitrator's factual or legal mistakes or disregard for the parties' agreement. Instead, vacatur requires the award to be deemed “totally irrational” or in violation of strong public policy, exceeding the arbitrator's authority, as established in Hackett v. Milbank, Tweed, Hadley, McCloy. Although the arbitrator may have misinterpreted the insurance policy, such a mistake did not meet the high standard for vacating the award. The court also addressed and found unpersuasive the appellant's additional arguments. The decision was concurred by Justices Friedman, Acosta, Saxe, Feinman, and Gische.

Legal Issues Addressed

Dismissal of Appeals

Application: The appeal from the order dated May 1, 2013, was dismissed as it was already encompassed within the appeal of the judgment, indicating procedural consolidation of appeals.

Reasoning: An appeal from a prior order dated May 1, 2013, was dismissed as it was encompassed within the appeal of the judgment.

Interpretation of Arbitrator's Authority

Application: The court found that even if the arbitrator misinterpreted the insurance policy, this error did not exceed the arbitrator's authority and therefore did not warrant vacating the award.

Reasoning: Although the arbitrator may have misinterpreted the insurance policy, such a mistake did not meet the high standard for vacating the award.

Judgment Affirmation without Costs

Application: The judgment awarding the respondent $50,000 was affirmed without imposing any costs, reinforcing the finality of the lower court's decision.

Reasoning: Judgment from the Supreme Court, New York County, on November 14, 2013, awarded the respondent $50,000, which was unanimously affirmed without costs.

Standards for Vacating Arbitration Awards under CPLR 7511(b)(1)(iii)

Application: The court affirmed that an arbitration award cannot be vacated simply due to factual or legal mistakes by the arbitrator unless the award is 'totally irrational' or violates strong public policy.

Reasoning: The court ruled that an arbitration award cannot be vacated under CPLR 7511(b)(1)(iii) based on an arbitrator's factual or legal mistakes or disregard for the parties' agreement.