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Matter of Neirs-Folkes Inc.

Court of Appeals of the State of New York
Jun 11, 1981
425 N.E.2d 875 (N.Y. 1981)

Opinion

Argued May 6, 1981

Decided June 11, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MICHAEL J. DONTZIN, J.

Harold F. McGuire, Jr., Walter Barthold and Arthur V. Nealon for appellant.

Martin I. Shelton and Dean G. Yuzek for respondent.


MEMORANDUM.

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

On this record, it is unnecessary to reach appellant's argument that it would violate public policy to uphold the award of damages because petitioner was not licensed to act as an insurance agent in New York. The licensing issue was raised before the arbitration panel, and whether petitioner had indeed acted as an insurance agent in the State was a question for that tribunal to resolve. As evidenced by the dissenting arbitrator's opinion, the majority of the arbitrators must have considered the question and determined that petitioner had not acted as an insurance agent in this State. This court may not now review that determination for legal or factual error.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Matter of Neirs-Folkes Inc.

Court of Appeals of the State of New York
Jun 11, 1981
425 N.E.2d 875 (N.Y. 1981)
Case details for

Matter of Neirs-Folkes Inc.

Case Details

Full title:In the Matter of the Arbitration between NEIRS-FOLKES, INC., Respondent…

Court:Court of Appeals of the State of New York

Date published: Jun 11, 1981

Citations

425 N.E.2d 875 (N.Y. 1981)
425 N.E.2d 875
442 N.Y.S.2d 487

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