Legal Opinion
In re the Arbitration between John Post Construction Corp., & Good Humor Corp.
New York Supreme Court
Decided December 6, 1957PublishedCited by 6 opinions
1Opinion of the CourtMatthew M. Levy, J.
The motion in chief is to confirm an arbitration award and the cross motion is to vacate or modify and correct it.
The first issue is whether the arbitrators were guilty of misconduct in refusing to hear evidence pertinent and material to the controversy (Civ. Prac. Act, § 1462, subd. 3). There is a sharp dispute as to whether there was in fact any such exclusion and that cannot be resolved on these papers, except to say that it is presumed that the arbitrators did their duty and that the convincing evidence which must be submitted to establish their misconduct has not been here presented.…
2Cases cited5 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- Gervant v. New England Fire InsuranceNew York Court of Appeals · 1954
- In re the Arbitration between Shirley Silk Co. & American Silk Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- In re the Arbitration of & Concerning Certain Matters in Difference between Pine Street Realty Co. & CoutroulosAppellate Division of the Supreme Court of the State of New York · 1931
- In re the Arbitration between Nadalen Full Fashion Knitting Mills, Inc. & Barbizon Knitwear Corp.New York Supreme Court · 1954
3Cited by6 opinions
- In re the Arbitration between Messina & Briante Inc. & Blitman Construction Corp.New York Supreme Court · 1961
- In re the Arbitration between Milliken Woolens, Inc. & Weber Knit Sportswear, Inc.New York Supreme Court · 1959
- In re the Arbitration between S. T. Palay Textile Corp. & Trio Togs, Inc.New York Supreme Court · 1962
- In re the Arbitration between Willow Fabrics, Inc. & Carolina Freight Carriers Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- In re the Arbitration between John Post Construction Corp. & Good Humor Corp.Appellate Division of the Supreme Court of the State of New York · 1958
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