Legal Opinion

In re Arbitration between Crosstown Operating Corp. & 8910 5th Ave. Rest., Inc.

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

Decided March 30, 1993PublishedCited by 1 opinion

1Opinion of the Court

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered December 3, 1991, which denied petitioner’s application to confirm an arbitrator’s award, and granted respondents’ cross motion to vacate or modify the award to the extent of vacating the award and remanding the matter to the arbitrator for recalculation of damages, unanimously affirmed, with costs.

We agree with the IAS Court that on the facts of the case, the public policy against illegal gambling outweighs the public policy in favor of voluntary arbitration (see, Matter of Neirs-Folkes, Inc. [Drake Ins. Co.], 75 AD2d 787,…

2Cases cited4 opinions

  1. Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
  2. In re the Arbitration between Neirs-Folkes & Drake InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
  3. Harris v. Economic Opportunity Commission of Nassau County, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. In Re the Arbitration Between Neirs-Folkes, Inc. & Drake InsuranceNew York Court of Appeals · 1981

3Cited by1 opinion

  1. Grynberg v. BP Exploration Operating Co.Appellate Division of the Supreme Court of the State of New York · 2012

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