From Casetext: Smarter Legal Research

Matter of Cashman

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1973
42 A.D.2d 732 (N.Y. App. Div. 1973)

Opinion

July 9, 1973


In a proceeding under article 75 of the CPLR to vacate an arbitrator's award, the appeal is from a judgment of the Supreme Court, Suffolk County, entered December 27, 1972, which granted the application, on the ground that the arbitrator's powers had been imperfectly executed, and directed a new arbitration. Judgment reversed, on the law, without costs, petition dismissed on the merits and award reinstated. The provisions contained in CPLR 7511 specify the grounds for setting aside an arbitrator's award. They are exclusive and do not include the arbitrator's failure to state the legal or factual basis for the award ( Matter of Bay Ridge Med. Group v. Health Ins. Plan of Greater N Y, 22 A.D.2d 807). Nor do we find merit in petitioner's contention that the arbitrator exceeded his powers ( Matter of Decicco [ Viviano], 32 A.D.2d 541). Rabin, P.J., Munder, Latham, Shapiro and Gulotta, JJ., concur.


Summaries of

Matter of Cashman

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1973
42 A.D.2d 732 (N.Y. App. Div. 1973)
Case details for

Matter of Cashman

Case Details

Full title:In the Matter of the Arbitration between ELIZABETH CASHMAN, Mother of…

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

Date published: Jul 9, 1973

Citations

42 A.D.2d 732 (N.Y. App. Div. 1973)