Legal Opinion

in Matter of Warren Wabst v. Scoppetta

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

Decided November 25, 2008Published

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Edward H. Lehner, J.), entered February 4, 2008, to the extent appealed from, denying petitioner’s application to vacate that portion of an arbitration award, dated November 16, 2006, which upheld certain disciplinary charges, unanimously affirmed, without costs.

The arbitrator’s refusal to address petitioner’s state law defenses to charges 9 and 10, based on his mistaken belief that he lacked jurisdiction, does not deprive the award of finality and definiteness (CPLR 7511 [b] [1] [iii]; see Matter of Meisels v Uhr, 79 NY2d 526,…

2Cases cited3 opinions

  1. Meisels v. UhrNew York Court of Appeals · 1992
  2. Solow Building Co. v. Morgan Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Purpura v. Bear Stearns CompaniesAppellate Division of the Supreme Court of the State of New York · 1997

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