Legal Opinion

In re the Arbitration between Wolff & Munier, Inc. & Diesel Construction Co.

New York Court of Appeals

Decided March 20, 1975PublishedCited by 8 opinions

1Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed, with costs.

Neither the arbitration submission nor the order of the Appellate Division preceding the third and last arbitrators’ award plainly required the arbitrators to make a money award. Instead., indirect reference was made to the items of claim. Nevertheless, there was never any doubt that the arbitration had the purpose of determining how much money was due for an outstanding balance in favor of the subcontractor from the owner. The arbitrators made it clear beyond reasonable dispute in the third award what amount was…

2Cases cited1 opinion

  1. Associated Teachers of Huntington, Inc. v. Board of EducationNew York Court of Appeals · 1973

3Cited by8 opinions

  1. Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
  2. In Re the Arbitration Between Puerto Rico Maritime Shipping Authority v. Star Lines Ltd.District Court, S.D. New York · 1978
  3. In re the Arbitration between American Insurance & MessingerNew York Court of Appeals · 1977
  4. Instituto De Resseguros Do Brasil v. First State Insurance CompanyAppellate Division of the Supreme Court of the State of New York · 1995
  5. Levine v. KleinAppellate Division of the Supreme Court of the State of New York · 1979

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