New York Court of Appeals, 1982

Tilbury Fabrics, Inc. v. Stillwater, Inc.

New York Court of Appeals · Decided April 6, 1982

56 N.Y.2d 624; 435 N.E.2d 1093; 450 N.Y.S.2d 478; 1982 N.Y. LEXIS 3292

Cases that cite this one

16 later published cases cite this decision.

Norris v. Cooper (N.Y. 1984)
Idi v. Sela (Appellate Division of the Supreme Court of New York 2025)
Whitney v. Perrotti (Appellate Division of the Supreme Court of New York 2018)
New York City v. Transport Workers Union of America (Appellate Division of the Supreme Court of New York 2008)
Kay v. Abrams (New York Supreme Court 2008)
Allstate Insurance v. Albino (Appellate Division of the Supreme Court of New York 2005)
Emery Roth & Sons, P.C. v. M&B Oxford 41, Inc. (Appellate Division of the Supreme Court of New York 2002)
In re the Arbitration between West Side Lofts, Ltd. & Sentry Contracting, Inc. (Appellate Division of the Supreme Court of New York 2002)
In re the Arbitration between Albar Construction Corp. & D'Angelo (Appellate Division of the Supreme Court of New York 1994)
Town of Newburgh v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 1994)
Berman v. Congregation Beth Shalom (Appellate Division of the Supreme Court of New York 1991)
In re the Arbitration between Central Queens Young Mens/Young Womens Hebrew Ass'n & Johansen & Bhavnani, Architects (Appellate Division of the Supreme Court of New York 1990)
J.J.K. Construction, Inc. v. Rosenberg (Appellate Division of the Supreme Court of New York 1988)
In re the Arbitration between Town of Callicoon & Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 1987)
Reddick & Sons of Gouverneur, Inc. v. Carthage Central School District No. 1 (Appellate Division of the Supreme Court of New York 1983)
Guilford Mills, Inc. v. Rice Pudding, Ltd. (Appellate Division of the Supreme Court of New York 1982)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Since it does not appear from this record that Stillwater raised the one-year contractual Statute of Limitations defense in a motion to stay arbitration or before the arbitrators, it was waived (CPLR 7502, subd [b]; 7503). In any event, since compliance with the contractual period of limitation, if it were raised, would have been a question for the arbitrators (Matter of County of Rockland [Primiano Constr. Co.], 51 NY2d 1, 9, n 2), the point would fall to the rule that an error of law committed by the arbitrator is an insufficient basis to vacate an award (see Matter of Granite Worsted Mills [Aaronson Cowen, Ltd.], 25 NY2d 451, 454-455).

As to the argument that the counterclaims were so vaguely described that Stillwater was unable to ascertain the subject matter of the dispute, this issue has not been preserved. It simply was that the scope of the arbitration was limited to the three contracts which were the basis for the institution of the arbitration.

*627Finally, as to the assertion that the award left it uncertain whether Tilbury had been awarded consequential damages, suffice it to say that “the mere possibility” that such damages, award of which was expressly prohibited by the contract, indeed were included, is not enough to permit the award to be disturbed (Matter of Granite Worsted Mills [Aaronson Cowen, Ltd.], supra, at pp 455-456).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur; Judge Meyer taking no part.

Order affirmed, with costs, in a memorandum.

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