Karbowski v. Resnic, Beauregard, Waite & Driscoll

This case involves a determination of certain issues relative to the power of an arbitrator to award damages.

The fact pattern giving rise to this issue is quite common. The plaintiffs purchased a home from the defendant Grovecrest Corporation. The Purchase and Sale Agreement contained a warranty provision and an arbitration clause. Certain disputes arose as to the construction. Suit was started by the plaintiffs against both defendants. The defendant Grovecrest Corporation filed a third party complaint against the third party defendant seeking certain escrow funds. During the pendency of the…