Legal Opinion

Board of Education of Central School District No. 1 of Towns of Niagara v. Niagara-Wheatfield Teachers Ass'n

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

Decided July 12, 1977PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously affirmed, without costs, on the opinion at Special Term, Kronenberg, J., and the following memorandum: We only add that the fact that a contract does not specifically authorize monetary damages will not prohibit the arbitrator from awarding them in a proper case. Only an express prohibition of damages, absent here, will have that effect (Matter of Bellmore-Merrick United Secondary Teachers v Board of Educ., 51 AD2d 762, 763). Special Term properly vacated the damages provision in the instant case on the ground that the damages awarded were punitive rather than compensatory.…

2Cases cited2 opinions

  1. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
  2. Bellmore-Merrick United Secondary Teachers, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by2 opinions

  1. In re the Arbitration between North Colonie Central School District & North Colonie Teachers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1978
  2. In re the Arbitration between North Colonie Central School District & North Colonie Teachers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1978

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