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Matter of National Coverage Corp.

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1994
202 A.D.2d 368 (N.Y. App. Div. 1994)

Opinion

March 31, 1994

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).


The arbitrator did not exceed his authority, as limited by a provision of the arbitration clause forbidding him from modifying the parties' contract, in ordering termination of the contract on the ground of respondent's misconduct, although the contract was silent on the subject of termination for cause. Such a limitation in a broad arbitration clause does not prevent the arbitrator from fashioning a just remedy not provided for in the contract (see, Matter of Town of Callicoon [Civil Serv. Empls. Assn.], 70 N.Y.2d 907). We have reviewed respondent's remaining contentions and find them without merit.

Concur — Carro, J.P., Rosenberger, Ross, Asch and Tom, JJ.


Summaries of

Matter of National Coverage Corp.

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1994
202 A.D.2d 368 (N.Y. App. Div. 1994)
Case details for

Matter of National Coverage Corp.

Case Details

Full title:In the Matter of the Arbitration between NATIONAL COVERAGE CORP.…

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

Date published: Mar 31, 1994

Citations

202 A.D.2d 368 (N.Y. App. Div. 1994)
610 N.Y.S.2d 191

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