[U] Guarino V. Allstate Insurance Co‪.‬

The petitioners have applied to this court, pursuant to CPLR 7511 (b)(1)(ii), (b)(2), and ( c) to vacate the arbitration award, dated July 9, 2004, on the grounds that it was ". . .arbitrary and capricious and lacking in rational basis, the arbitrator exceeded his powers in rendering the award, the award violates public policy, and the arbitrator engaged in misconduct." Petitioners, Norma Vasquez Guarino and Manuel Taveras, driver and passenger, respectively, in a vehicular accident wherein the other vehicle fled, filed claims for injuries sustained therein which were denied by respondent, Allstate Insurance Company. Petitioners thereupon filed for compulsory arbitration with the American Arbitration Association (AAA). In the absence of any documentary and/or testimonial refutation by the respondent, and despite the fact that both petitioners testified and submitted a memorandum to the effect that they exceeded the "serious injury" threshold imposed by Insurance law §5102(d), Mr. Alan H. Krystal issued an arbitration award, dated July 9, 2004, of no recovery for the petitioners.