In re the Arbitration between Wand Electric, Inc. & Clinton County Highway Department
Opinion of the Court
Appeal from an order of the Supreme Court (Dawson, J.), entered June 12, 1996 in Clinton County, yvhich, inter alia, denied petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award.
In 1993, the parties entered into a general construction contract and an electrical contract pertaining to the Clinton County Highway Department Building renovation project. Petitioner commenced performance of both contracts and apparently completed its performance of the electrical contract. However, respondent terminated the general construction contract before its completion. Thereafter, pursuant to the contracts’ broad arbitration clauses, petitioner filed demands for arbitration.
Under CPLR 7511 (b) (1) (iii), an arbitration award may be vacated if the arbitrators exceeded their power by rendering an award that is, inter alia, totally irrational (see, Hackett v Milbank, Tweed, Hadley & McCloy, 86 NY2d 146, 155). Because this case involves voluntary arbitration and a broad arbitra
In this instance, petitioner contends that the award should be vacated because the arbitrators did not separately decide the claims arising out of each contract, improperly permitted respondent to file a claim six months after contract termination even though the contract required the submission of a claim within 21 days after it arose, and apparently ignored numerous breaches of the contract by respondent. As previously outlined, these arguments are insufficient to warrant the vacatur of an arbitration award. Accordingly, we affirm.
Cardona, P. J., Her cure, Peters and Spain, JJ., concur. Ordered that the order is affirmed, without costs.
Only the electrical contract is included in the record. In its brief, respondent advises us that the arbitration provision in the general construction contract is similar.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.