Opinion
November 22, 1961
Appeal from an order of the Supreme Court, which granted, in part, a motion to vacate an award in arbitration proceedings, and denied a motion to confirm the award. The arbitration concerned a claim by respondent for the death of his 17-year-old daughter under the terms of his own insurance policy which provided, among other things, for the payment of legal damages arising from the ownership of an uninsured automobile. Appellant disputed the claim and, pursuant to the terms of the policy, the matter was submitted to arbitration. The award to respondent was for $1,145, plus administrative expenses. This was for the exact amount of the funeral, burial and incidental expenses. Special Term confirmed the award as to "special damages" but vacated it insofar as it made no award for the alleged wrongful death, and ordered the matter submitted to new arbitrators to fix such damages. We doubt the authority of the court to split the award into two parts in this matter in any event, but here there is no legal basis for disturbing the award at all. The record does not establish any of the grounds set forth in section 1462 of the Civil Practice Act for vacating an award, hence the court was without power to review it. The award stated upon its face: "This award is in full settlement of all claims submitted to this arbitration." The parties had agreed to be bound by the award. "An arbitration award may not be vacated on the ground that it is erroneous in fact or in law." ( Matter of Phillips [ American Cas. Co.], 10 A.D.2d 689, affd. 9 N.Y.2d 873.) In the Phillips case the Appellate Division observed: "Nor is it evident merely from the amount of this award that there was partiality, corruption, or other misconduct in the arbitrator." Consequently, though the court at Special Term may have justifiably felt that the award was woefully inadequate, we must conclude that it lacked authority to disturb it. Order, insofar as appealed from, reversed on the law and the facts, and the motion to confirm the award granted, without costs. Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ., concur.