Dowleyne v. New York City Transit Authority
This text of 816 N.E.2d 191 (Dowleyne v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
The order of the Appellate Division should be reversed and [634]*634the judgment of Supreme Court confirming the arbitration award reinstated, with costs.
The Appellate Division’s vacatur cannot stand because it improperly substituted its factual finding for that of a majority of the arbitration panel.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, and judgment of Supreme Court, New York County, reinstated, in a memorandum.
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Cite This Page — Counsel Stack
816 N.E.2d 191, 3 N.Y.3d 633, 782 N.Y.S.2d 401, 2004 N.Y. LEXIS 1600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowleyne-v-new-york-city-transit-authority-ny-2004.