Opinion
December 13, 1994
Appeal from the Supreme Court, New York County (Martin Stecher, J.).
Respondents-appellants' contention that the arbitrators improperly rendered an award because not all necessary parties were party to the arbitration is without merit. The statutory grounds for vacatur of an award are the only permissible grounds (see, Rochester City School Dist. v Rochester Teachers Assn., 41 N.Y.2d 578, 582).
The arbitrators did not exceed their power (see, CPLR 7511 [b]). The arbitrators "have broad power to do justice and fashion appropriate remedies, and may even grant relief which a court would not" (Cook v Mishkin, 95 A.D.2d 760, 761). Further, there is no indication that the non-parties were denied an opportunity to participate, and no indication that the respondents-appellants were prejudiced by their exclusion. Thus, the failure to join those claimed to be necessary parties was "not fatal to the award" (Matter of Condell [Shanker], 151 A.D.2d 798, 801, lv dismissed and denied 75 N.Y.2d 896).
We have considered the respondents-appellants' remaining arguments, and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Tom, JJ.