In re the Arbitration between Hirsch Construction Corp. & Cooper
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
This appeal is from the vacatur of an arbitration award on the ground that the underlying dispute was not subject to arbitration because the agreement to arbitrate was void as part of a "home improvement” contract entered into before the requisite home improvement contractor’s license had been obtained. Since the lack of a license was never submitted to the arbitrators, the belated proifer of such evidence should have been rejected on the well-settled rule that newly discovered evidence does not constitute a ground for challenging an arbitration award. Nor…
2Cases cited9 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Hirsch v. HirschNew York Court of Appeals · 1975
- In Re the Arbitration Between Niagara Wheatfield Administrators Ass'n & Niagara Wheatfield Central School DistrictNew York Court of Appeals · 1978
- Todisco v. EconopoulyAppellate Division of the Supreme Court of the State of New York · 1989
- Integrated Sales, Inc. v. Maxell Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by20 opinions
- Davidson v. HensenWashington Supreme Court · 1998
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- Meehan v. Nassau Community CollegeAppellate Division of the Supreme Court of the State of New York · 1998
- DiNapoli v. Peak Automotive, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- In re the Arbitration between Migdal Plumbing & Heating Corp. & Dakar Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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