Appellate Division of the Supreme Court of the State of New York May 18, 1998 (Pennsylvania General Insurance v. Mortenson)

—In an action to enforce a contractual right to a trial de novo, the defendant appeals from an order of the Supreme Court, Suffolk County (Gerard J.), dated May 1, 1997, which (1) denied his motion to confirm an arbitration award dated July 15, 1996, and to dismiss the complaint, and (2) granted the plaintiff’s cross motion to vacate the arbitration award.