Legal Opinion

Bear, Stearns & Co. v. International Capital & Management Co.

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

Decided October 2, 2012Published

1Opinion of the Court

In this proceeding brought under article 75 of the CPLR, the panel in the underlying arbitration, operating pursuant to the rules of the Financial Industry Regulatory Authority (FINRA), did not exceed its powers or violate a strong and well-defined public policy by awarding attorneys’ fees to petitioners Bear, Stearns and its affiliates, who were the respondents in the arbitration (see Matter of Goldberg v Thelen Reid Brown *403Raysman & Steiner LLP, 52 AD3d 392 [1st Dept 2008], lv denied 11 NY3d 749 [2008]). In contrast to the litigants in Matter of Matza v Oshman, Helfenstein & Matza (33 AD3d…

2Cases cited3 opinions

  1. In re the Arbitration between Stewart Tabori & Chang, Inc. & StewartAppellate Division of the Supreme Court of the State of New York · 2001
  2. Goldberg v. Thelen Reid Brown Raysman & Steiner LLPAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re the Arbitration between Warner Bros. Records, Inc. & PPX Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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