Appellate Division of the Supreme Court of the State of New York July 6, 2012 (In re the Arbitration between Philadelphia Insurance & Utica National Insurance Group)

lead-opinion

Memorandum: Petitioner commenced this proceeding pursuant to CPLR 7511 (b) seeking vacatur of the arbitration award on the ground that arbitration was not available because under Insurance Law § 5105 (a) neither of the vehicles involved in the collision was “used principally for the transportation of persons or property for hire.