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Kleinman v. Drexel Burnham Lambert Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1993
192 A.D.2d 512 (N.Y. App. Div. 1993)

Opinion

April 5, 1993

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order and judgment is affirmed, with costs.

It is well settled that an arbitration award will not be vacated unless it is violative of a strong public policy, is totally irrational, or clearly exceeds a specifically-enumerated limitation on the arbitrator's power (see, Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907, 909; Matter of Silverman [Benmor Coats], 61 N.Y.2d 299, 308). The plaintiffs contend that the arbitrators erred in failing to apply a regulation. However, errors of law or fact are insufficient to set aside an award (see, Matter of Sprinzen [Nomberg], 46 N.Y.2d 623, 629; Matter of Panton v Allstate Ins. Co., 173 A.D.2d 831). The plaintiffs have failed to demonstrate that the arbitrators' award was irrational or violative of strong public policy so as to require vacatur (see, Matter of Cortale v Schweitzer, 126 A.D.2d 723). Mangano, P.J., Bracken, Lawrence and O'Brien, JJ., concur.


Summaries of

Kleinman v. Drexel Burnham Lambert Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1993
192 A.D.2d 512 (N.Y. App. Div. 1993)
Case details for

Kleinman v. Drexel Burnham Lambert Inc.

Case Details

Full title:DAVID KLEINMAN et al., Appellants, v. DREXEL BURNHAM LAMBERT INCORPORATED…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1993

Citations

192 A.D.2d 512 (N.Y. App. Div. 1993)
596 N.Y.S.2d 723

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