Legal Opinion
In re the Arbitration between Capelin & Klein
New York Supreme Court
Decided February 6, 1957Published
1Opinion of the CourtIrving H. Saypol, J.
The petitioners are the purchasers in a contract to buy the business of a group of telephone answering exchanges. They move to confirm an arbitrators’ cash award of $69,214.16. The respondent, the seller, cross-moves to vacate the award, or in the alternative, to modify and amend it, or to remit the arbitration, or to refer the issues to a referee. Five grounds are urged in opposition to confirmation:
1. The arbitrators in rendering a cash award, exceeded their powers under the submission.
2. The arbitrators’ award is void because it failed to pass on all matters submitted for determination.
3.…
2Cases cited4 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- Gervant v. New England Fire InsuranceNew York Court of Appeals · 1954
- In re the Arbitration between Shirley Silk Co. & American Silk Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- In re the Arbitration between Snaider & Manu Hoffner Fur Corp.Appellate Division of the Supreme Court of the State of New York · 1945