Brooklyn Eagle, Inc. v. McManus

Appellate Division of the Supreme Court of New York

Brooklyn Eagle, Inc. v. McManus

272 A.D.2d 933

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

DecidedJune 26, 1947

StatusPublished

This text of 272 A.D.2d 933 (Brooklyn Eagle, Inc. v. McManus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooklyn Eagle, Inc. v. McManus, 272 A.D.2d 933 (N.Y. Ct. App. 1947).

Pincite

Opinion

Order denying appellant’s motion to vacate an award in an arbitration proceeding, on the ground that the arbitrator imperfectly executed his powers in that the award was not final and definite, reversed on the law and the facts, with $10 costs and disbursements, the motion granted, without costs, and the matter remitted to the same arbitrator to clarify his award by making a final and definite award. The hybrid form of the award was an imperfect execution of the [934]*934powers conferred upon the arbitrator. The award in its present form is not definite and final. (Civ. Prac. Act, § 1462, subd. 4.) On the remission the arbitrator may take further proof, if necessary, so that there may eventuate a final and definite award. Hagarty, Acting P. J., Carswell, Johnston and Nolan, JJ., concur,- Adel, J., not voting.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying appellant’s motion to vacate an award in an arbitration proceeding, on the ground that the arbitrator imperfectly executed his powers in that the award was not final and definite, reversed on the law and the facts, with $10 costs and disbursements, the motion granted, without costs, and the matter remitted to the same arbitrator to clarify his award by making a final and definite award. The hybrid form of the award was an imperfect execution of the [934]*934powers conferred upon the arbitrator. The award in its present form is not definite and final. (Civ. Prac. Act, § 1462, subd. 4.) On the remission the arbitrator may take further proof, if necessary, so that there may eventuate a final and definite award. Hagarty, Acting P. J., Carswell, Johnston and Nolan, JJ., concur,- Adel, J., not voting.

Cite This Page — Counsel Stack

Bluebook (online)

272 A.D.2d 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-eagle-inc-v-mcmanus-nyappdiv-1947.