Legal Opinion
Diaz v. Pilgrim State Psychiatric Center
New York Court of Appeals
Decided May 3, 1984PublishedCited by 20 opinions
APPEARANCES OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
While the Appellate Division was in error in holding that the petitioner had no standing to bring a proceeding to vacate the arbitration award, an award may not be vacated unless violative of public policy or wholly irrational. It cannot be said that the arbitrator’s procedural resolution of the issue concerning compliance with the contractual requirement that the demand for arbitration be made within a specified time and manner was irrational.
As to the standing issue, the contract between the…
2Cases cited3 opinions
- Matter of Soto (Goldman)New York Court of Appeals · 1960
- Chupka v. Lorenz-Schneider Co.New York Court of Appeals · 1962
- Cornell v. CarenAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by20 opinions
- Hough v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1991
- Pan Atlantic Group, Inc. v. Republic InsuranceDistrict Court, S.D. New York · 1995
- Case v. Monroe Community CollegeNew York Court of Appeals · 1997
- Meehan v. Nassau Community CollegeAppellate Division of the Supreme Court of the State of New York · 1998
- Kozura v. Tulpehocken Area School DistrictSupreme Court of Pennsylvania · 2002
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