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Wally v. Cameron Industries, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1992
179 A.D.2d 548 (N.Y. App. Div. 1992)

Opinion

January 23, 1992

Appeal from the Supreme Court, New York County (Jacqueline W. Silbermann, J.).


Petitioner failed to establish any of the exclusive grounds set forth in CPLR 7511 (b) for vacating an arbitration award. The arbitrator's failure to take an oath constituted a technical irregularity waived by petitioner's continued participation in the proceedings without objection (CPLR 7506 [f]; Matter of Institute of Intl. Educ. [Permanent Mission], 118 A.D.2d 433, 435-436; Morgan Guar. Trust Co. v. Solow, 114 A.D.2d 818). And, by consenting to all extensions and submissions, petitioner waived his additional objection that the arbitrator and arbitration tribunal did not conduct the proceedings in accordance with the published rules of the forum. Finally, arbitration of this dispute, commenced by petitioner, was not precluded because petitioner raised a single claim under article 6 of the Labor Law.

Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Rubin, JJ.


Summaries of

Wally v. Cameron Industries, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1992
179 A.D.2d 548 (N.Y. App. Div. 1992)
Case details for

Wally v. Cameron Industries, Inc.

Case Details

Full title:ALAN I. WALLY, Appellant, v. CAMERON INDUSTRIES, INC., Respondent

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

Date published: Jan 23, 1992

Citations

179 A.D.2d 548 (N.Y. App. Div. 1992)
579 N.Y.S.2d 48

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