In re Arbitration between Crosstown Operating Corp. & 8910 5th Ave. Rest., Inc.

Appellate Division of the Supreme Court of New York

In re Arbitration between Crosstown Operating Corp. & 8910 5th Ave. Rest., Inc.

191 A.D.2d 384, 595 N.Y.S.2d 445, 1993 N.Y. App. Div. LEXIS 3217

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

DecidedMarch 30, 1993

StatusPublished

Cited by1 cases

This text of 191 A.D.2d 384 (In re Arbitration between Crosstown Operating Corp. & 8910 5th Ave. Rest., Inc.) 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

In re Arbitration between Crosstown Operating Corp. & 8910 5th Ave. Rest., Inc., 191 A.D.2d 384, 595 N.Y.S.2d 445, 1993 N.Y. App. Div. LEXIS 3217 (N.Y. Ct. App. 1993).

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Opinion

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered December 3, 1991, which denied petitioner’s application to confirm an arbitrator’s award, and granted respondents’ cross motion to vacate or modify the award to the extent of vacating the award and remanding the matter to the arbitrator for recalculation of damages, unanimously affirmed, with costs.

We agree with the IAS Court that on the facts of the case, the public policy against illegal gambling outweighs the public policy in favor of voluntary arbitration (see, Matter of Neirs-Folkes, Inc. [Drake Ins. Co.], 75 AD2d 787, affd for other reasons 53 NY2d 1038; see also, Harris v Economic Opportunity Commn., 171 AD2d 223), and that, accordingly, to the extent the award includes breach of contract damages for revenues derived from Joker Poker, an illegal gambling device, it is violative of public policy and should not be judicially enforced (see, Garrity v Lyle Stuart, Inc., 40 NY2d 354). We have considered petitioner’s remaining arguments and find them without merit. Concur — Murphy, P. J., Milonas, Ross and Asch, JJ.

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—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered December 3, 1991, which denied petitioner’s application to confirm an arbitrator’s award, and granted respondents’ cross motion to vacate or modify the award to the extent of vacating the award and remanding the matter to the arbitrator for recalculation of damages, unanimously affirmed, with costs.

We agree with the IAS Court that on the facts of the case, the public policy against illegal gambling outweighs the public policy in favor of voluntary arbitration (see, Matter of Neirs-Folkes, Inc. [Drake Ins. Co.], 75 AD2d 787, affd for other reasons 53 NY2d 1038; see also, Harris v Economic Opportunity Commn., 171 AD2d 223), and that, accordingly, to the extent the award includes breach of contract damages for revenues derived from Joker Poker, an illegal gambling device, it is violative of public policy and should not be judicially enforced (see, Garrity v Lyle Stuart, Inc., 40 NY2d 354). We have considered petitioner’s remaining arguments and find them without merit. Concur — Murphy, P. J., Milonas, Ross and Asch, JJ.

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Bluebook (online)

191 A.D.2d 384, 595 N.Y.S.2d 445, 1993 N.Y. App. Div. LEXIS 3217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arbitration-between-crosstown-operating-corp-8910-5th-ave-rest-nyappdiv-1993.

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