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Materia v. Josephthal Co., Incorporated

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1987
133 A.D.2d 146 (N.Y. App. Div. 1987)

Opinion

August 17, 1987

Appeal from the Supreme Court, Kings County (Pino, J.).


Ordered that the appeal from the judgment is dismissed, as it was superseded by the order dated January 23, 1987, made upon reargument; and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, the judgment is vacated, and the motion is denied; and it is further,

Ordered that the defendant is awarded one bill of costs.

We agree with the defendant's contention that the plaintiff failed to specify any of the grounds set forth in CPLR 7511 (b) as a basis for vacating the New York Stock Exchange arbitration award. Because these are the exclusive grounds for vacating an arbitrator's award (see, Integrated Sales v. Maxell Corp., 94 A.D.2d 221; Kwasnik v. Willo Packing Co., 61 A.D.2d 791), the plaintiff's motion should have been denied. Niehoff, J.P., Weinstein, Rubin and Kooper, JJ., concur.


Summaries of

Materia v. Josephthal Co., Incorporated

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1987
133 A.D.2d 146 (N.Y. App. Div. 1987)
Case details for

Materia v. Josephthal Co., Incorporated

Case Details

Full title:CONNIE MATERIA, Respondent, v. JOSEPHTHAL CO., INCORPORATED, Appellant

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

Date published: Aug 17, 1987

Citations

133 A.D.2d 146 (N.Y. App. Div. 1987)

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