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Matter of Barbuto

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1968
29 A.D.2d 927 (N.Y. App. Div. 1968)

Opinion

April 18, 1968


Order entered August 24, 1967, herein appealed from, unanimously reversed, on the law, and the motion to confirm the arbitrator's award is granted, with $50 costs and disbursements to appellant. The statute enumerates the grounds upon which an award may be vacated or modified (CPLR 7511), none of which are shown to be present here. The demand for arbitration was made after the infant claimant attained his majority. Infancy, therefore, was not a disability. The issue of contributory negligence was properly one for the arbitrator ( Matter of Short [ MVAIC], 42 Misc.2d 682) who was required to pass upon the issues of fault and damages. (See, also, Matter of Stroud [ MVAIC], 17 A.D.2d 616, affd. 13 N.Y.2d 611.) The court may not substitute its judgment for that of the arbitrator merely because it may disagree with an award.

Concur — Botein, P.J., Stevens, Eager, McGivern and Rabin, JJ.


Summaries of

Matter of Barbuto

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1968
29 A.D.2d 927 (N.Y. App. Div. 1968)
Case details for

Matter of Barbuto

Case Details

Full title:In the Matter of the Arbitration between BRIAN BARBUTO, Respondent, and…

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

Date published: Apr 18, 1968

Citations

29 A.D.2d 927 (N.Y. App. Div. 1968)