Legal Opinion

Wally v. Cameron Industries, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 23, 1992PublishedCited by 4 opinions

1Opinion of the Court

Petitioner failed to establish any of the exclusive grounds set forth in CPLR 7511 (b) for vacating an arbitration award. The arbitrator’s failure to take an oath constituted a technical irregularity waived by petitioner’s continued participation in the proceedings without objection (CPLR 7506 [f]; Matter of Institute of Intl. Educ. [Permanent Mission], 118 AD2d 433, 435-436; Morgan Guar. Trust Co. v Solow, 114 AD2d 818). And, by consenting to all extensions and submissions, petitioner waived his additional objection that the arbitrator and arbitration tribunal did not conduct the proceedings…

2Cases cited2 opinions

  1. Morgan Guaranty Trust Co. v. SolowAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Arbitration between Institute of International Education & Permanent Mission of Spain to United NationsAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. In re the Arbitration between Cox & MitchellAppellate Division of the Supreme Court of the State of New York · 1992
  2. Squire v. HenschelAppellate Division of the Supreme Court of the State of New York · 2003
  3. Wally v. General Arbitration Council of Textile & Apparel IndustriesNew York Supreme Court · 1995
  4. In re the Arbitration between Allstate Insurance & American Manufacturers Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2003

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