Legal Opinion

In re the Arbitration between Warner Bros. Records, Inc. & PPX Enterprises, Inc.

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

Decided May 11, 2004PublishedCited by 10 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Walter B. Tolub, J.), entered April 16, 2003, which confirmed an arbitration award to petitioner of $76,195 in “legal fees,” unanimously affirmed, with costs.

Arbitrators retain exclusive authority to preclude rearbitration of issues previously decided (Matter of City School Dist. of City of Tonawanda v Tonawanda Educ. Assn., 63 NY2d 846 [1984]). There is no basis on which to conclude that these arbitrators exceeded their authority.

The agreement between the parties did not specifically provide for attorneys’ fees in the event of a dispute, but the…

2Cases cited1 opinion

  1. Matter of City Sch. Dist. of the City of Tonawanda v. Tonawanda Educ. Ass'nNew York Court of Appeals · 1984

3Cited by10 opinions

  1. Goldberg v. Thelen Reid Brown Raysman & Steiner LLPAppellate Division of the Supreme Court of the State of New York · 2008
  2. Matza v. Oshman, Helfenstein & MatzaAppellate Division of the Supreme Court of the State of New York · 2006
  3. Dunhill Franchisees Trust v. Dunhill Staffing Systems, Inc.District Court, S.D. New York · 2007
  4. Bear Stearns & Co. Inc. v. International Capital & Management Co.New York Supreme Court · 2011
  5. Bear, Stearns & Co. v. International Capital & Management Co.Appellate Division of the Supreme Court of the State of New York · 2012

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