New York Court of Appeals, 1972

In re the Arbitration between Baar & Beards, Inc. & Oleg Cassini, Inc.

New York Court of Appeals · Decided March 16, 1972

30 N.Y.2d 649; 282 N.E.2d 624; 331 N.Y.S.2d 670; 1972 N.Y. LEXIS 1435

Cases that cite this one

8 later published cases cite this decision.

East Texas Salt Water Disposal Co. v. Werline (Tex. 2010)
INTERNAT'L BROTH. OF TEAM. v. Bergen-Hudson Roofing Supply Co. (N.J. Super. Ct. App. Div. 1978)
In re the Arbitration Between Buffalo Professional Firefighters Ass'n & City of Buffalo (N.Y. 2011)
East Texas Salt Water Disposal Company, Inc. v. Richard Leon Werline (Tex. 2010)
East Texas Salt Water Disposal Company, Inc. v. Richard Leon Werline (Tex. 2010)
Santana v. Country-Wide Insurance (Civil Court of the City of New York 1998)
In re Town of Greenburgh (Appellate Division of the Supreme Court of New York 1983)
De Camp v. Good Samaritan Hospital (Appellate Division of the Supreme Court of New York 1978)

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

An order vacating an arbitration award and directing a new arbitration before new arbitrators is final and appealable. (See, e.g., Matter of Milliken Woolens [Weber *651Knit Sportswear], 8 N Y 2d 1025, rearg. den. 8 N Y 2d 1157; Matter of Colony Liq. Distrs. [Local 669, Int. Brotherhood of Teamsters], 28 N Y 2d 596.) On the record before us, there can be no doubt that respondent knowingly waived its objection to the arbitrator Hessen when—after the latter affirmed his prior dealings with petitioner-appellant’s president and before the hearings commenced—it explicitly stated in writing that “ The panel is acceptable to the Parties.” Accordingly, the order appealed from should be reversed, with costs, and petitioner’s motion to confirm the award granted.

Dissenting Opinion

Judge Burke dissents and votes to affirm on the majority opinion at the Appellate Division.

Concurring Opinion

Concur: Chief Judge Fuld and Judges Scileppi, Beegan, Breitel, Jasen and Gibson.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.