Legal Opinion
Matter of Greenky v. Aytes
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2016No. 750 155015/13PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Joan M. Kenney, J.), entered April 23, 2014, in respondent’s favor, unanimously affirmed, with costs.
Petitioners failed to meet their “heavy burden” of establishing by clear and convincing evidence the existence of any ground for vacating the arbitration award under CPLR 7511 (see Muriel Siebert & Co. v Ponmany, 190 AD2d 544, 544 [1st Dept 1993]).
As to petitioners’ contention that the arbitrator exceeded his authority, the arbitrator “may be said to have done so only if [he] gave a completely irrational construction to the provisions in dispute” (see…
2Cases cited4 opinions
- Sawtelle v. Waddell & Reed, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Transparent Value, L.L.C. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2012
- Muriel Siebert & Co. v. PonmanyAppellate Division of the Supreme Court of the State of New York · 1993
- Kaminsky v. SeguraAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- 1552 Broadway Retail Owner LLC v. McDonald's Corp.New York Supreme Court · 2017
- 57th & 6th Ground LLC v. Carnegie House Tenants Corp.New York Supreme Court, New York County · 2026
- Intrepid Invs., LLC v. Selling Source, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of 1552 Broadway Retail Owner LLC v. McDonald's Corp.Appellate Division of the Supreme Court of the State of New York · 2017