From Casetext: Smarter Legal Research

Channel Textile Company, Inc. v. Adams

Appellate Division of the Supreme Court of New York, First Department
May 15, 1990
161 A.D.2d 409 (N.Y. App. Div. 1990)

Opinion

May 15, 1990

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


Respondent Blake Adams, in opposition to petitioner's motion, set forth no basis to vacate the award (CPLR 7511 [b]). The issue of standing raised by respondent was previously raised before the arbitrator and rejected. Accordingly, the court was statutorily mandated to confirm the award. (CPLR 7510; MVAIC v. Nationwide Mut. Ins. Co., 150 A.D.2d 215; Integrated Sales v. Maxell Corp., 94 A.D.2d 221.)

As long as the arbitrators remain within their jurisdiction and do not reach an irrational result, they may "fashion the law to fit the facts before them" and their award will not be set aside because they erred in determination or application of the law. (Matter of Exercycle Corp. [Maratta], 9 N.Y.2d 329, 336; Matter of Sprinzen [Nomberg], 46 N.Y.2d 623.)

Concur — Kupferman, J.P., Ross, Rosenberger, Kassal and Smith, JJ.


Summaries of

Channel Textile Company, Inc. v. Adams

Appellate Division of the Supreme Court of New York, First Department
May 15, 1990
161 A.D.2d 409 (N.Y. App. Div. 1990)
Case details for

Channel Textile Company, Inc. v. Adams

Case Details

Full title:CHANNEL TEXTILE COMPANY, INC., et al., Respondents, v. BLAKE ADAMS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 15, 1990

Citations

161 A.D.2d 409 (N.Y. App. Div. 1990)
555 N.Y.S.2d 338

Citing Cases

Warburg Realty P'ship v. Douglas Elliman, LLC

"The arbitrators' interpretation of the issues and the scope of their authority is accorded substantial…

Panzer v. Epstein

CPLR 7511(b)(1)(i) provides, in relevant part, that "[t]he award shall be vacated. . . if the court finds…