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Matter of Giampaola v. Allstate Ins. Co., Sup Ct, New York County, May 26, 2009, Kornreich, J, Index No. 104920/07

Posted in Confirming Arbitration Award, CPLR 7511, Justice Kornreich, Shirley Werner, New York, Statute of Limitations, Tolling, Vacating Arbitration Award

In a May 26, 2009 decision, Justice Kornreich affirmed an arbitration award which denied the petitioner any relief on statute of limitations grounds. The Court found that the arbitrators’ decision was neither arbitrary nor capricious, but in fact rational, and the motion to confirm was brought within one-year of the decision being rendered, mandating confirmation of the award.