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Purpura v. Bear Stearns Companies Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1997
238 A.D.2d 216 (N.Y. App. Div. 1997)

Opinion

April 17, 1997


Order, Supreme Court, New York County (Elliott Wilk, J.), entered April 24, 1996, which denied plaintiff's motion to vacate an arbitration award insofar as it denied his claims on the merits and to remand the matter to the arbitrators for a statement of when the Statute of Limitations expired insofar as the award denied plaintiff's claims as time-barred, unanimously affirmed, with costs.

That the arbitrators did not explain their calculation of the Statute of Limitations, or why plaintiff's claims lack merit, does not mean that the award was not final and definite within the meaning of CPLR 7511 (b) (1) (iii) or imperfect in a matter of form within the meaning of CPLR 7511 (c) (3). The award was properly confirmed because it determined the controversy submitted and does not create a new controversy ( see, Matter of Meisels v. Uhr, 79 N.Y.2d 526, 536), and the clarity of the arbitrators' reasoning process is simply not a matter of concern ( Matter of Guetta [Raxon Fabrics Corp.], 123 A.D.2d 40, 44-45; Matter of Bay Ridge Med. Group v. Health Ins. Plan, 22 A.D.2d 807). We have considered plaintiff's other arguments and find them to be without merit.

Concur — Milonas, J.P., Ellerin, Rubin and Mazzarelli, JJ.


Summaries of

Purpura v. Bear Stearns Companies Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 1997
238 A.D.2d 216 (N.Y. App. Div. 1997)
Case details for

Purpura v. Bear Stearns Companies Inc.

Case Details

Full title:NICHOLAS PURPURA, Appellant, v. BEAR STEARNS COMPANIES INC. et al.…

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

Date published: Apr 17, 1997

Citations

238 A.D.2d 216 (N.Y. App. Div. 1997)
656 N.Y.S.2d 253

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