Legal Opinion
Kern v. Krackow
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 2003PublishedCited by 4 opinions
1Opinion of the Court
Judgment (denominated an order), Supreme Court, New York County (Herman Cahn, J.), entered on or about March 4, 2003, which, inter alia, granted respondent’s motion to confirm a final arbitration award, unanimously affirmed, with costs.
The IAS court properly denied petitioner’s cross motion to vacate the award. In the absence of impropriety (CPLR 7511 [b] [1]), a court may vacate an award that “is violative of a strong public policy, is totally irrational or clearly exceeds a specifically enumerated limitation on the arbitrator’s power” (Matter of Town of Callicoon [Civil Serv. Empls. Assn.,…
2Cases cited5 opinions
- New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
- In re the Arbitration between Town of Callicoon & Civil Service Employees Ass'nNew York Court of Appeals · 1987
- Bank of Tokyo-Mitsubishi, Ltd. v. KvaernerAppellate Division of the Supreme Court of the State of New York · 1998
- Rio Algom, Inc. v. Sammi Steel Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Azrielant v. AzrielantAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by4 opinions
- Brown & Williamson Tobacco Corp. v. ChesleyAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA.Appellate Division of the Supreme Court of the State of New York · 2014
- Marracino v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA.Appellate Division of the Supreme Court of the State of New York · 2014