Legal Opinion

Oakland Jewish Center v. Isaacson

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

Decided January 21, 1992Published

1Opinion of the Court

The court improvidently exercised its discretion in awarding the neutral arbitrator a fee of $4,500, and, in a companion appeal, that fee has been reduced to $2,250 (see, CPLR 7513; Matter of Oakland Jewish Center v Isaacson, 179 AD2d 761 [decided herewith]). Under the circumstances of this case, the payment of the fee of $2,250 should be solely the petitioner’s obligation. The court further erred in awarding $500 in costs to the arbitrator for compelling the arbitrator to make a motion to obtain his fee (see, CPLR 8202). Harwood, J. P., Balletta, Rosenblatt and Copertino, JJ., concur.

2Cases cited1 opinion

  1. Oakland Jewish Center v. IsaacsonAppellate Division of the Supreme Court of the State of New York · 1992