Legal Opinion
Avamer Associates, L.P. v. 57 St. Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2009PublishedCited by 2 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Eileen Bransten, J.), entered April 1, 2009, which, inter *484alia, granted petitioners’ application to vacate the arbitrators’ modification of their clarification of their “Final Award,” unanimously affirmed, with costs.
As Supreme Court aptly stated, the arbitrators’ acceptance of some of respondent’s arguments in support of modification, and rejection of others, confirms that the arbitrators did not simply correct a miscalculation apparent on the face of the original award as clarified, but instead performed a later, separate…
2Cases cited2 opinions
- Hough v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1991
- Silber v. SilberAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Mid Atlantic Capital v. BienCourt of Appeals for the Tenth Circuit · 2020
- In Re the Arbitration Between Delaney Group, Inc. & Holmgren Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2015