Dowleyne v. New York City Transit Authority

New York Court of Appeals
Dowleyne v. New York City Transit Authority, 3 N.Y.3d 633 (N.Y. 2004)
816 N.E.2d 191; 782 N.Y.S.2d 401; 2004 N.Y. LEXIS 1600

Dowleyne v. New York City Transit Authority

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and *634the judgment of Supreme Court confirming the arbitration award reinstated, with costs.

The Appellate Division’s vacatur cannot stand because it improperly substituted its factual finding for that of a majority of the arbitration panel.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum.

Reference

Full Case Name
In the Matter of Leslie Dowleyne v. New York City Transit Authority
Cited By
4 cases
Status
Published