Legal Opinion

In re the Arbitration between Hirsch Construction Corp. & Anderson

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

Decided February 27, 1992PublishedCited by 11 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (William J. Davis, J.), entered May 17, 1991, which, inter alia, granted petitioner’s application to confirm an arbitration award, unanimously affirmed, with costs.

Respondent contends that the award violates a strong public policy of this State in that it includes an amount allegedly owing to petitioner for work performed during a period when petitioner was unlicensed as a home improvement contractor.

Although an arbitration award violative of public policy will be vacated, the courts "must exercise due restraint in this regard,…

2Cases cited2 opinions

  1. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  2. In re the Arbitration between Board of Education & McGinnisAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by11 opinions

  1. Erin Construction & Development Co. v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Arbitration between Hirsch Construction Corp. & CooperAppellate Division of the Supreme Court of the State of New York · 1992
  3. In re the Arbitration between Migdal Plumbing & Heating Corp. & Dakar Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Kuchar v. BakerAppellate Division of the Supreme Court of the State of New York · 1999
  5. Metrobuild Associates, Inc. v. NahoumAppellate Division of the Supreme Court of the State of New York · 2008

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