Appellate Division of the Supreme Court of New York, 2000

In re the Arbitration between Goldstein & Riverso

Appellate Division of the Supreme Court of New York · Decided October 12, 2000

276 A.D.2d 321; 714 N.Y.S.2d 456; 2000 N.Y. App. Div. LEXIS 10511

Cases that cite this one

1 later published case cites this decision.

Miranco Contracting, Inc. v. Perel (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (William Wetzel, J.), entered October 14, 1999, which confirmed an arbitration award in favor of petitioner and adjudged that petitioner recover from respondent the total sum of $40,554.51, unanimously affirmed, without costs.

The arbitration award of legal fees was supported by the record and in accord with the applicable law, and was properly confirmed. In any event, an arbitrator’s award “will not be vacated even though * * * his interpretation of the agreement misconstrues or disregards its plain meaning or misapplies substantive rules of law, unless it is violative of a strong public *322policy, or is totally irrational” (Matter of Silverman [Benmor Coats], 61 NY2d 299, 308; see also, Matter of Turkewitz [Fuchsberg & Fuchsberg], 273 AD2d 149). We note as well that in arbitration respondent failed to plead the affirmative defense of the Statute of Frauds and, accordingly, may not now have the award vacated on that ground. Concur — Rosenberger, J. P., Williams, Lerner, Saxe and Buckley, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.