Legal Opinion

Garrity v. Lyle Stuart, Inc.

New York Court of Appeals

Decided July 6, 1976PublishedCited by 323 opinions

1Opinion of the Court

Chief Judge Breitel.

Plaintiff author brought this proceeding under CPLR 7510 to confirm an arbitration award granting her $45,000 in compensatory damages and $7,500 in punitive damages against defendant publishing company. Supreme Court confirmed the award. The Appellate Division affirmed, one Justice dissenting, and defendant appeals.

The issue is whether an arbitrator has the power to award

*356The order of the Appellate Division should be modified to vacate the award of punitive damages and otherwise affirmed. An arbitrator has no power to award punitive damages, even if agreed upon by the…

2Cases cited15 opinions

  1. Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
  2. Walker v. SheldonNew York Court of Appeals · 1961
  3. Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
  4. Lentine v. FundaroNew York Court of Appeals · 1972
  5. In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976

10 more not listed; retrieve them via the Exa API.

3Cited by323 opinions

  1. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  2. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  3. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  4. In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
  5. Kamlar Corp. v. HaleySupreme Court of Virginia · 1983

318 more not listed; retrieve them via the Exa API.

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